The Amendment Act, drafted and introduced by the Minister of Agriculture, Land Reform and Rural Development, was successfully passed and secured the approval of the National Assembly in February 2024 and the National Council of Provinces in April 2024. The Amendment Act was signed into law by the President in December 2024.
Most of the changes are technical in nature in that they aim to improve or clarify certain ambiguities in the Deeds Registries Act 47 of 1937 (“the Act”). Clause 1 of the Amendment Act, for example, aims to amend section 2 of the Act to include the Deputy Registrar of Deeds in the said section’s heading, clarifying their appointment alongside the Chief Registrar, Registrar and Assistant Registrar. The amendments further aim to clarify the powers of the Registrar as well as to modernise certain outdated terminology in the Act.
The Amendment Act proposes to extend the definition and role of attorneys, notaries and conveyancers beyond what is contained in the Legal Practice Act 28 of 2014. Traditionally, under the framework of the Legal Practice Act, only practising attorneys, notaries and conveyancers are permitted to deal with certain legal matters, including property transactions or other Deeds Office matters. In terms of clause 12 of the Amendment Act, an attorney, notary public or conveyancer as defined in the Legal Practice Act in the employ of the Department of Agriculture, Land Reform and Rural Development will also be allowed to engage with the Deeds Office and deal with land transactions, especially those transactions concerning State Land. The effect of this may be that the Department will no longer engage the services of private legal practitioners, such as notaries and conveyancers, for transactions involving state-owned land.
Perhaps one of the most notable changes on the horizon is the proposed shift to a completely electronic land registration system. Currently, South Africa’s land registration system is paper based. The Amendment Act further amends the Electronic Deeds Registration Systems Act 19 of 2019 which aims to modernise and streamline property transactions by transitioning to a fully electronic system for the preparation, lodgment, registration, execution, and recordal of deeds and other registrable documents. This will increase efficiency and reduce the time it takes to process property transactions.
Clause 11 of the Amendment Act introduces a new section 99A which imposes penalties on individuals who prepare, execute or attest deeds of documents without proper authorisation in terms of the provisions of the Act. These penalties may include a fine, imprisonment, or both, thereby underscoring the importance of compliance and professionalism in the land registration process.
As some provisions of the Amendment Act are yet to be proclaimed, its full implementation together with the possible future proclamation of the Electronic Deeds Registration Systems Act will mark a new era for the Deeds Office and the broader property sector in South Africa. By addressing both technical shortcomings and systemic inefficiencies, the Amendment Act lays a strong foundation for a more efficient, equitable, and progressive land registration system.
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