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1 sadj . South African Deeds Journal April 2006 Issue No, 8. Application of Section 45bis, Act 47 of 1937. Land Registration in Rwanda Electronic Land Registration: Options from a Legal Perspective Department OF LAND AFFAIRS. CHIEF REGISTRAR OF DEEDS. Overview of Conference Resolutions ontents ditorial C E. Editorial (i). he editorial committee wishes all readers a belated News New Registrar for Mpumalanga 4. T prosperous and blessed 2006 and it is trusted that you and Course on Sectional Titles Botswana 5 yours will enjoy health and Godspeed. Deeds Registration Course: Level VII 5. New Registrar Appointed in Botswana 8. In terms of Chief Registrars Circular 16 of 2005, the year got off Course for Third Year Students in the National Diploma in Deeds Registration Law 11 to a jump start with 54 new resolutions taken at the 2005.

2 Conference of Registrars. These resolutions have a vast Property Law Update Who Ultimately Carries the Responsibility for the impact on the day-to-day practice of conveyancing and notarial Correctness of Facts in Deeds and Documents? 1 practice and should be thoroughly perused. Should readers not Qualification of Servitudes 6 agree with any of the resolutions taken, it would be appreciated The Application of Section 45(bis) Act 47 of 1937. in the Deeds Registries 8. if their views could be received for publication and for Lengthy or Complicated Conditions 10 placement on the agenda for the 2006 Conference of Noting a Caveat Applicable to an Unregistered Land Registrars. See also the discussion by George Tsotetsi on Parcel in a Deeds Registry's Records 11.

3 Some of the Conference Resolutions on Page 39. Change of Name of Trusts 13. Authentication of Documents: Rule 63 vs The Hague Apostille Convention 14 Mr Lenthiss du Pont has been appointed the new registrar of Application of Section 4(1)(b) 18. deeds for Mpumalanga, which office will be situated at A Brief Overview in respect of Recent Registrars'. Conference Resolutions 18 Nelspruit. Congratulations Lenthiss and it is trusted that you will Restriction on Sale in Execution of Property in Deceased Estates: meet the challenge awaiting you. Section 30 of the Administration of Estates Act, Act 66 of 1965 25. Case Law Readers will note that our journal is also read internationally All the cases you must take note of 33 (see letters to the editor).

4 Thank you Mr Simms for the Recently Published Articles and Research accolades! Your appeal to readers is echoed. References to all relevant published articles and legal research 34. The winner of the best contribution for the October 2005 issue Books goes to Ms Alexandr Lombaard for her excellent series of A list of books relevant to the field of property law 34. articles on the Subdivision of Common Property. A special Other features accolade also to Ms Kilbourn for her splendid exposition on the Letters to the Editor 13 statistics. The editorial committee also wishes to extend their Electronic Land Registration: Options from a Legal Perspective Part I - 22 sincere thanks to Mr Vosloo for his superb photos and Article on Land Registration and Administration Developments in the Cape Town Deeds Registry.

5 Thank you for your great Rwanda 26 article. The Vryburg Deeds Registry 31. DISCLAIMER ALLEN WEST - EDITOR. The views expressed in the articles published in this journal do not bind the Department of Land Affairs and the Chief Registrar of Deeds. The Chief Registrar of Deeds does not necessarily agree with the views of the contributors. Contributions may be sent to the Editor: Via e-mail or post EDITORIAL COMMITTEE Allen West - Deeds Training (Editor) A S West Alwyn van Jaarsveld - Umtata Gert Hattingh - Office of the Chief Registrar of Deeds Private Bag X659. Joanne Dusterhoft - King William's Town PRETORIA. Mkhalela Lebese - Bloemfontein Magda Deetlefs - Vryburg 0001. Hennie Geldenhuys - Office of the Chief Registrar of Deeds Dudley Lee - Cape Town Pogiso Mesefo - Pretoria The newsletter is also published in the Department of Land Zandr Lombaard - Deeds Training (Scribe) Affairs' website: Marissa Greeff - Directorate: PR & External Communication Marie Grov - Deeds Training Wiseman Bhuqa - Pietermaritzburg CONTRIBUTORS: Alan Stephen - Johannesburg Levina Smit - Kimberley A S West; A Lombaard; M Grov ; G Tsotetsi; G Hattingh; F G T.

6 George Tsotetsi - Office of the Chief Registrar of Deeds Radloff; E Rurangwa; J Visser; P J Weideman; A S Simms . Gustav Radloff - Conveyancer, MacRobert Inc. Dorethea Samaai - Directorate: PR & External Communication United Kingdom; D Lee i Who ultimately carries the responsibility for the correctness of facts in deeds and documents? By: Allen West Deeds Training, PRETORIA. ince the inception of section 15A of the Deeds to the extent provided for in this regulation , S Registries Act 47 of 1937 ( the Act ) read in conjunction with regulation 44A of the Act, confusion or responsibility for the correctness of the facts stated in the deeds and documents or which are relevant in misconceptions have reigned as to who carries what connection with the registration or filing thereof, responsibility, and to what extent does such namely: responsibility extend for ensuring the correctness of facts contained in deeds and documents.

7 Identical copies In terms of section 3(1)(b) of the Act, the Registrar of In those Deeds Registries where deeds and Deeds has a duty to examine all deeds and other documents are still lodged in duplicate due to the documents lodged for execution or registration and to office not being mechanized, on the micro- reject them if they don't conform with the laws, filming system, the preparer assumes responsibility practices and procedures. However, in 1984 (see that all copies of deeds or documents are identical section 6 of the Deeds Registries Amendment Act 27 at date of lodgement (regulation 44A(a)). of 1982) section 15A was enacted, which placed certain responsibilities on the preparer of deeds and This sub-regulation is clear and unambiguous, and documents.

8 The responsibilities assumed by the should any fault be found in the contents of the preparer are set out in regulation 44A of the Act. duplicate original, the preparer will accept full Unfortunately, this regulation is couched in such a responsibility. However, examiners still compare the manner that it is open to different interpretations, on copies and raise queries should the copies not be which the Conference of Registrars has on numerous identical. occasions had to make a ruling. Correctness of Conditions This article is not intended to provide guidance on the interpretation of the regulation, but rather to scrutinize The preparer of a deed of transfer or certificate of the different interpretations given to the regulation and title to land assumes responsibility that all the to urge the legislator, when reviewing this regulation, applicable conditions of title have been correctly to clarify it so as to demystify the uncertainty.

9 Carried forward from the title into the new deed of transfer. Similarly, such preparer also assumes The concern which immediately comes to mind is that responsibility that the applicable conditions of who will ultimately be held responsible, given the endorsed against the title deed have been carried provisions of section 3(1)(b) and 15A, should a deed forward into the new deed of transfer. Lastly the be registered and such act of registration leads to a preparer assumes responsibility that any court action from which a claim for damages proclaimed township conditions, for first time emanates? It is submitted that the only responsibility transfers from a township title, have been correctly which the preparer of a deed or document assumes is incorporated in the new deed of transfer (see that which is clear and unambiguous in the provisions regulation 44A(b)).

10 Of regulation 44A of the Act. Holistically seen, the preparer takes full Let us endeavour to analyze the provisions of responsibility for the conditional clause of a deed of regulation 44A of the Act and provide the different transfer, but alas this is not so in practice. The interpretations which might be in conflict with existing Registrar of Deeds, in terms of section 3(1)(b) of rulings or circulars issued by Deeds Registries or the the Act, still checks the conditional clause of a deed office of the Chief Registrar of Deeds. of transfer for the following: The introductory words of regulation 44A provide that that any restrictive conditions have been the person signing the preparation certificate accepts, complied with.