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

Chapter 1 : Administration

2. Appointment of registrar and assistant registrar of deeds

 

(1) Subject to the laws governing the public service, there shall be appointed by the Minister—
(a) a chief registrar of deeds, who shall as such be the chairman and executive officer of the deeds registries regulations board mentioned in section nine and who shall, subject to the directions of the Minister, exercise such supervision over all the deeds registries as may be necessary in order to bring about uniformity in their practice and procedure;

[Section 2(1)(a) substituted by section 2 of Act No. 62 of 1984]

(b) in respect of each registry, a registrar of deeds, who shall be in charge of the deeds registry in respect of which he has been appointed;

[Section 2(1)(b) substituted by section 2 of Act No. 27 of 1982]

(c) for a deeds registry, if necessary, one or more deputy registrars of deeds or one or more assistant registrars of deeds, or one or more deputy registrars of deeds and one or more assistant registrars of deeds, who shall respectively have the power, subject to the regulations, to perform any act which may lawfully be done under this Act or any other law by a registrar.

[Section 2(1)(c) substituted by section 2 of Act No. 27 of 1982]

(d) for the office of the chief registrar of deeds, if necessary, one or more registrars of deeds, one or more deputy registrars of deeds, and one or more assistant registrars of deeds.

[Section 2(1)(d) inserted by Proclamation R.9 of 1997]

[Section 2(1) substituted by section 7 of Act No. 62 of 1973]

 

(1)bis [Section 2(1)bis deleted by section 1(b) of Act No. 87 of 1965]

 

(1A) Whenever the chief registrar of deeds or any registrar, deputy registrar or assistant registrar of deeds, because of absence or for any other reason, is unable to carry out the functions of that office, or whenever such office becomes vacant, the Minister may authorize any officer in a deeds registry or in the office of the chief registrar of deeds to act in the place of such chief registrar, registrar, deputy registrar or assistant registrar during the period of such absence or incapacity, or to act in the vacant office until the vacancy is filled, as the case may be.

[Section 2(1A) substituted by section 1 of Act No. 93 of 1998]

 

(1B) The Minister may authorise any person to act temporarily, and either generally or in a particular matter, as assistant registrar of deeds in respect of any deeds registry additional to any assistant registrar or acting assistant registrar of the deeds registry concerned. Such a person must have proven appropriate expertise or the capacity to acquire, within a reasonable time, the ability required to perform the functions of that office, regard being had to the time available and the nature and extent of those functions and the responsibilities of that office.

[Section 2(1B) substituted by section 1 of Act No. 93 of 1998]

 

(1C) The Minister may delegate any power conferred on him or her by this section, to the Director-General: Rural Development and Land Reform or a Deputy Director-General in the Department of Rural Development and Land Reform.

[Section 2(1C) substituted by section 1 of the Rural Development and Land Reform General Amendment Act, 2011 (Act No. 4 of 2011), Notice No. 427, GG 34300, dated 16 May 2011]

 

(2) No person shall be appointed as chief registrar, registrar, deputy registrar or assistant registrar of deeds after the commencement of section 2 of the Deeds Registries Amendment Act, 1984 (Act No. 62 of 1984), unless he has passed the diploma iuris examination or an examination deemed by the Minister for the Public Service and Administration to be equivalent thereto, and has served in one or more deeds registries for a period of not less than seven years: Provided that this subsection shall not apply with reference to the authorization of any officer under subsection (1A) or (1B) to act as contemplated in the relevant subsection.

[Section 2(2) substituted by section 1 of Act No. 93 of 1998]

 

(3) Any person holding, at the commencement of section 2 of the Deeds Registries Amendment Act, 1984—
(a) the office of chief registrar of deeds, and who on a date prior to such commencement ceased also to hold the office of registrar of deeds, shall as from that date be deemed; and
(b) the office of registrar or assistant registrar or deputy registrar of deeds, shall be deemed as from the date of such commencement,

to have been appointed under this section as chief registrar of deeds, or as registrar or assistant registrar or deputy registrar of deeds, as the case may be.

[Section 2(3) substituted by section 2 of Act No. 62 of 1984]

 

(4) Every registrar appointed under or referred to in this section is hereinafter referred to as the registrar.

 

(5) Each registrar shall have a seal of office which shall be affixed to all deeds executed or attested by him and to all copies issued by him to serve in lieu of the original deeds.