Deeds Registries Act, 1937 (Act No. 47 of 1937)RegulationsDeeds Registries Amendment Regulations, 2021Powers and certified copies thereof (Reg 65) |
65.
| (1) | Any person seeking to pass, cede, or cancel a deed or to perform any other act in a Deeds Registry on behalf of any other person must, except as hereinafter provided lodge for filing with the Registrar the original power under which he claims to act. |
| (2) | Powers must specify the date as well as the place of their execution, the latter being described suffiently [sic] to enable the Registrar to judge whether or not it is situated within the Republic. |
[Regulation 65(2) substituted by regulation 7 of Notice No. R. 762 of 1998]
| (3) | A special power of attorney to transfer, hypothecate or otherwise deal with land or other immovable property shall contain— |
| (a) | a clear and sufficient description of such land or property; |
| (b) | the registered number, if any, of such land or property; |
| (c) | the number (comprising the serial number and year number) of the deed whereby such land or property is held; and |
| (d) | in a power of attorney to transfer land, the date of disposal of such land. |
[Regulation 65(3) substituted by regulation 20(a) of Notice No. R. 359 of 1982]
| (4) | A general power of attorney shall not be available for the purpose of dealing with immovable property unless it contains express authority empowering the agent to do so. |
| (5) | [Regulation 65(5) deleted by regulation 20(b) of Notice No. R. 359 of 1982] |
| (6) | If an original power is filed of record in any Deeds Registry, the Registrar at another Deeds Registry may accept a copy thereof certified under the hand and seal of the Registrar at any such first-mentioned Deeds Registry, if such copy bears an endorsement signed by the Registrar issuing the same that it has been issued for use in such second-mentioned Deeds Registry. A substitution by the mandatory appointed in such power of attorney shall be registered in the first-mentioned Registry only, and such substitution shall not be registered unless accompanied by a copy thereof for certification and transmission for use in such second-mentioned Deeds Registry. |
| (7) | A Registrar certifying a copy of a power for use in a Deeds Registry in terms of this regulation shall, before issuing the same, cause to be made on such power a suitable note indicating the issue of such copy, the date of such issue and the Deeds Registry for use in which such copy is issued, and shall further sign or initial such note. |
| (8) | If at any time written notice is received from the mandant by the Registrar in charge of a Deeds Registry in which an original power has been registered after 1 January 1919, cancelling the same, the Registrar in charge of such Deeds Registry shall forthwith cause a suitable note of such cancellation to be made on the power, and shall sign or initial such note on the latter. He shall also, in case a copy has been issued for use in another Deeds Registry, forthwith give notice, in writing, of such cancellation to the Registrar in charge thereof who, upon receipt of such notice, shall note thereon the time and date of receipt thereof and acknowledge the same, in writing, and shall further cause a suitable note of the cancellation to be made on the copy of the power and sign or initial such note. |
[Regulation 65(8) substituted by regulation 8 of Notice No. R. 1077 of 1969]
| (9) | A copy of any power accepted in terms of this regulation shall serve all the purposes of the original until the notice specified in the preceding subregulation has been received by the Registrar in charge of the Deeds Registry in respect of which the same was issued. |
| (10) | If an original power is filed of record in the office of a Registrar or Master of any Division of the High Court of South Africa, a Registrar of Deeds may recognize, as and for the purposes of an original, any copy certified under the hand and seal of such Registrar or Master, whether it is already lodged in the Deeds Registry or is hereafter lodged therein. Any copy of a power certified under the hand and seal of a Registrar of or Master of a High Court in any of the Provinces, or under the hand and seal of a Registrar of Deeds, which copy shall have been lodged in a Deeds Registry prior to the 1st January, 1919, shall also be recognized for such purposes; provided that when it is sought by virtue of any copy of a power referred to in this subregulation to perform any act before a Registrar of Deeds there shall be produced to the Registrar concerned a letter or certificate, signed by the officer in charge of the office or Registry, as the case may be, from which such copy was issued, dated not more than twenty-one days prior to the date of production thereof, evidencing that no notification of revocation of the original power had been received up to the date of such letter or certificate. |
[Regulation 65(10) substituted by regulation 15 of Notice No. R. 292 of 2010]
| (11) | When a letter or certificate, as the case may be, has been produced to and lodged with a Registrar of Deeds by virtue of the proviso to the last preceding subsection, such Registrar shall also have authority to effect all necessary acts in connection with the registration of any consent, cession or other matter, given, made or completed at any time prior to the date of the production and lodgment of such letter or certificate. |
| (12) | A notice of the revocation of any power of attorney filed in a Deeds Registry will only be recognized if it is signed by the mandant or by some person expressly authorized by him in writing to revoke the same. |
| (13) | If a power of attorney is printed or written on a form of mortgage bond or deed of transfer, or authorizes the passing of a bond or transfer on a form annexed thereto, such form shall not be accepted for execution and registration as a bond or transfer. |