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Deeds Registries Act, 1937 (Act No. 47 of 1937)

Chapter 1 : Administration

1A. Discontinuance of rationalised registries:Transfer of their functions, records, other equipment and staff to a receiving deeds registry

 

(1) For the purposes of this section—

(a)        a rationalised registry means—

(i) the deeds registry established in terms of the Bophuthatswana Deeds Registries Act, 1937 (Act No. 47 of 1937);
(ii) the deeds registry established in terms of regulation 1 of Chapter 9 of the Bophuthatswana Regulations for the Administration and Control of Towns, Proclamation R293 of 1962;
(iii) the registry of land titles established in terms of section 41 of the Bophuthatswana Black Areas Land Regulations, Proclamation R188 of 1969;
(iv) the deeds registry established in terms of the Venda Deeds Registries Act, 1937 (Act No. 47 of 1937);
(v) the registration office established in terms of section 13 of the Venda Land Affairs Proclamation (Proclamation 45 of 1990);
(vi) the deeds registry established in terms of the Ciskei Deeds Registries Act, 1937 (Act No. 47 of 1937);
(vii) the deeds registry established in terms of regulation 1 of Chapter 9 of the Ciskei Townships Proclamation, 1962 (Proclamation R293 of 1962);
(viii) the registry of land titles established in terms of section 41 of the Ciskei Land Regulation Act, 1982 (Act No. 14 of 1982);
(ix) the deeds registry established in terms of the Gazankulu Deeds Registries Act, 1937 (Act No. 47 of 1937);
(x) the deeds registry established in terms of regulation 1 of Chapter 9 of the Gazankulu Regulations for the Administration and Control of Townships in Black Areas, Proclamation R293 of 1962;
(xi) the registry of land titles established in terms of section 41 of the Gazankulu Black Areas Land Regulations, Proclamation R188 of 1969;
(xii) the deeds registry established in terms of the KaNgwane Deeds Registries Act, 1937 (Act No. 47 of 1937);
(xiii) the deeds registry established in terms of regulation 1 of Chapter 9 of the KaNgwane regulations for the Administration and Control of Townships in Black Areas, Proclamation R293 of 1962;
(xiv) the registry of land titles established in terms of section 41 of the KaNgwane Black Areas Land Regulations, Proclamation R188 of 1969;
(xv) the deeds registry established in terms of the KwaNdebele Deeds Registries Act, 1937 (Act No. 47 of 1937);
(xvi) the deeds registry established in terms of regulation 1 of Chapter 9 of the KwaNdebele Regulations for the Administration and Control of Towns, Proclamation R293 of 1962);
(xvii) the registry of land titles established in terms of section 41 of the KwaNdebele Black Areas Land Regulations, Proclamation R188 of 1969;
(xviii) the deeds registry established in terms of the KwaZulu Deeds Registries Act, 1937 (Act No. 47 of 1937);
(xix) the deeds registry established in terms of regulation 1 of Chapter 9 of the KwaZulu Regulations for the Administration and Control of Townships in Black Areas, Proclamation R293 of 1962;
(xx) the registration office established in terms of section 11 of the KwaZulu Land Affairs Act, 1992 (Act No. 11 of 1992);
(xxi) the deeds registry established in terms of the Lebowa Deeds Registries Act, 1937 (Act No. 47 of 1937);
(xxii) the deeds registry established in terms of regulation 1 of Chapter 9 of the Lebowa Regulations for the Administration and Control of Townships in Black Areas, Proclamation R293 of 1962;
(xxii) the registry of land titles established in terms of section 41 of the Lebowa Black Areas Land Regulations, Proclamation R188 of 1969;
(xxiv) the deeds registry established in terms of the Qwaqwa Deeds Registries Act, 1937 (Act No. 47 of 1937);
(xxv) the deeds registry established in terms of regulation 1 of Chapter 9 of the Qwaqwa Regulations for the Administration and Control of Townships in Black Areas, Proclamation R293 of 1962;
(xxvi) the registry of land titles established in terms of section 41 of the Qwaqwa Black Areas Land Regulations, Proclamation R188 of 1969.
(b) the receiving registry means, in the case of—
(i) the registries mentioned in subparagraphs (vi), (vii) and (viii) of paragraph (a), the deeds registry at King William's Town;
(ii) the registries mentioned in subparagraphs (i), (ii) and (iii) of paragraph (a), in respect of land that formed part of the former Republic of Bophuthatswana which after the commencement of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), is situated in the province of—
(a) the Free State, the deeds registry at Bloemfontein;
(b) Gauteng, the deeds registry at Pretoria;
(c) Mpumalanga, the deeds registry at Pretoria;
(d) the North-West, situated—
(i) within the area defined in Schedule 3 to Proclamation R9 of 1997, the deeds registry at Pretoria;
(ii) outside the area defined in Schedule 3 to Proclamation R9 of 1997, the deeds registry at Vryburg; and
(e) the Northern Cape, the deeds registry at Vryburg;
(iii) the registries mentioned in subparagraphs (iv), (v), (ix) to (xvii), (xxi), (xxii) and (xxiii) of paragraph (a), the deeds registry at Pretoria;
(iv) the registries mentioned in subparagraphs (xviii), (xix) and (xx) of paragraph (a), the deeds registry at Pietermaritzburg; and
(v) the registries mentioned in subparagraphs (xxiv), (xxv) and (xxvi) of paragraph (a), the deeds registry at Bloemfontein.

 

(2) Notwithstanding the repeal of the laws mentioned in the Schedule 2 to Proclamation R9 of 1997, a rationalized registry shall continue to exist until it is discontinued as contemplated in subsection (3).

 

(3)        

(a) A rationalised registry shall be discontinued with effect from a date determined in respect of that registry by the Minister by notice in the Government Gazette.
(b) Different dates may be so determined in respect of the different deeds registries.

 

(4) The Minister may with effect from the date of commencement of Proclamation R9 of 1997, take the necessary steps to transfer the records, equipment and any other property of a rationalised registry to the respective receiving registry.

 

(5) Any official in the employ of a rationalised registry shall with effect from the date contemplated in subsection (3) be transferred to the receiving registry and shall be suitably taken up in the establishment of the receiving deeds office: Provided that the appointment of a person as a registrar or officer in charge of a registry of a rationalised registry shall lapse on the date contemplated in subsection (3).

 

(6) All records of a rationalised registry shall with effect from the date contemplated in subsection (3) be transferred to the receiving registry.

 

[Section 1A inserted by Proclamation No. R. 9 of 1997]