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

Chapter 1 : Administration

10. Regulations

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(1)The board established under section nine may make regulations prescribing—
(a)[Section 10(1)(a) deleted by section 2 of Act No. 92 of 1978]
(b)the fees of office (if any) to be charged in respect of any act, matter or thing required or permitted to be done in or in relation to a deeds registry, including any report made to the court by the registrar in terms of this Act and the manner in which the payment of the fees may be enforced, which may include the suspension of lodgement or lodgement facilities for deeds or any other document by any person in default of payment of such fees.

[Section 10(1)(b) substituted by section 1 of Act No. 11 of 2000]

(c)[Section 10(1)(c) deleted by section 3 of Act No. 170 of 1993]
(d)the manner and form in which and the qualifications of the person by whom any deed or other document required or permitted to be lodged, registered or filed in any deeds registry shall be prepared, lodged, executed, registered, filed or delivered and the time within which any deed shall be executed;

[Section 10(1)(d) substituted by section 5 of Act No. 43 of 1962]

(e)[Section 10(1)(e) deleted by section 2 of Act No. 92 of 1978]
(f)the particular documents which, when produced in a deeds registry, shall be attested or witnessed, and the manner in which any such document shall be attested or witnessed;
(g)the divisions, districts or other areas within the area served by any deeds registry, which shall be adopted in numbering for the purposes of registration, the farms or other pieces of land situate therein;
(h)the method according to which farms or other pieces of land in any such division, district or other area shall be numbered;
(i)[Section 10(1)(i) deleted by section 2 of Act No. 92 of 1978]
(j)the manner and form in which the identity of persons shall be established;

[Section 10(1)(j) substituted by section 2 of Act No. 92 of 1978]

(k)the conditions upon which conveyancers, land surveyors and other persons may conduct any search in a deeds registry, and the precautions which shall be taken to ensure preservation of the records from damage by improper handling or otherwise;

[Section 10(1)(k) substituted by section 5 of Act No. 43 of 1957]

(l)[Section 10(1)(l) deleted by section 2 of Act No. 92 of 1978]
(m)the conditions under which copies of deeds and other documents registered in a deeds registry may be issued for judicial purposes, or purposes of information or in substitution of deeds or other documents which have been lost, destroyed, defaced or damaged and the conditions under which extracts from registers or from any documents registered or filed in a deeds registry may be furnished;
(n)the manner and form in which consent shall be signified to any cancellation, cession, part payment, release or amendment of or other registrable transaction affecting any bond or other document registered in a deeds registry;
(o)the conditions under which a copy of a power of attorney may be accepted by a registrar in lieu of the original;
(p)the forms of deeds which shall be used in circumstances not provided for in this Act;
(q)the form of applications, deeds and registers which shall be used in connection with the registration of a right of leasehold, of initial ownership contemplated in section 62 of the Development Facilitation Act, 1995, and any other real right in respect of land held under such right of leasehold or initial ownership;

[Section 10(1)(q) substituted by section 68 of Act No. 67 of 1995]

(r)[Section 10(1)(r) deleted by section 2 of Act No. 92 of 1978]
(r)bisthe records which may be destroyed in terms of the proviso to paragraph (a) of subsection (1) of section three;

[Section 10(1)(r)bis inserted by section 4 of Act No. 87 of 1965]

(s)any matter which under this Act is required or permitted to be prescribed.

 

(2)Different regulations may be made in respect of the several deeds registries and the matters to be dealt with therein.

 

(3)Any regulations made under paragraph (g) or (h) of subsection (1) shall come into operation within the areas served by the several deeds registries upon dates to be fixed by the Minister by notice in the Gazette.

[Section 10(3) substituted by section 2 of Act No. 92 of 1978]

 

(4)[Section 10(4) deleted by section 3(b) of Act No. 170 of 1993]

 

(5)[Section 10(5) deleted by section 5 of Act No. 27 of 1982]

 

(6)[Section 10(6) deleted by section 5 of Act No. 27 of 1982]

 

(7)[Section 10(7) deleted by section 5(b) of Act No. 14 of 1993]