Mining Titles Registration Act, 1967 (Act No. 16 of 1967)

Regulations

Mining Titles and Registration Regulations, 2004

Chapter II : Powers of Attorney
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4. Every power of attorney prepared in the Republic to perform any act in the Mineral and Petroleum Titles Registration Office shall be prepared by a practising attorney, notary or conveyancer. Such power shall bear an endorsement "Prepared by me" signed by the preparer, indicating his or her name and capacity. Such preparer accepts responsibility for all facts mentioned and relevant to such Power. A power of attorney which was prepared by a practicing attorney must be countersigned by a conveyancer

 

5. Where applicable powers shall state the mode of disposal (causa) as well as the date thereof which shall be the same as that stated in the transfer duty receipt, and the price therein, if a sale.

 

6. Every power shall contain the full names of the parties therein concerned, their identity number or registration number and their marital status.

 

7. All material alterations and interlineations shall be initialed by the principal, witnesses and the preparer. If the original witnesses are no longer available new witnesses shall attach their full signatures to such alterations and interlineations.

 

8. A Power in a foreign language may be accepted if a translation, by a person admitted to practise as a sworn translator within the Republic, is lodged therewith. In the event that there is no sworn translator of such foreign language readily available, the Director-General may accept a translation made under oath by such other person as he or she may approve.

 

9. The rights being dealt with shall in the case of special powers of attorney, be described in accordance with the principal's title and any endorsement thereon. The number and date of such title shall also be quoted.

 

10. More than one right or class of right may be described in a power provided they are all owned by the principal or more than one principal in undivided shares and each right is described in a separate paragraph.

 

11. The place and date of execution of a power shall be given therein and the place sufficiently described to enable the Director-General to determine whether or not it is situated within the Republic.

 

12. All signatures shall be in good quality black ink.

 

13. Any restraints other than existing restraints that are compulsory by law which are to be incorporated in any deed, shall be described in the power.

 

14. A general power of attorney shall not be accepted as authority to deal with any right unless such power contains specific authority empowering the agent to so deal with the right. Such power must also be registered in the Mineral and Petroleum Titles Registration Office.

 

15.
(a) A copy of an original power of attorney filed in the office of the Director-General or Master of the High Court, a Registrar of Deeds, or the Regional Manager, may be accepted by the Director–General for purposes of the original if any such copy is certified under the hand and seal, if any, of such officer.
(b) Whenever one seeks to act upon any such certified copy, he or she shall lodge, together with the documents of the transaction concerned, a certificate from the issuing authority, bearing a date not more than 21 days prior to production, stating that no revocation of such power of attorney has been notified to him or her.
(c) Upon lodgment of a certificate by virtue of the preceding paragraph, the Director-General shall have authority to act in connection with the registration of any consent, cession or other matter given, made or completed at any time prior to the date of lodgment of such certificate.
(d) The Director-General may issue a copy of any original power filed in his or her office for use in any public office. Such a copy shall be endorsed as having been issued for use in such public office and the original endorsed indicating that a copy has been so issued.
(e)
(i) A substitution of an agent appointed in any such power of attorney shall be registered in the Mineral and Petroleum Titles Registration Office. If a copy of the original power has been issued for use in any public office, a copy of the power of substitution shall be furnished for certification and transmission to such office.
(ii) A substitution of an agent appointed in a power registered in any office referred to in subregulation  (a) shall not be accepted unless it is first registered in the office where the original power of attorney is filed.
(f) If any original power of attorney registered in the Mineral and Petroleum Titles Registration Office is revoked, the Director-General shall immediately upon receipt of such revocation notify any public office to which a certified copy has been issued of such revocation.
(g) A notice of the revocation of any power of attorney filed in the Minerals and Petroleum Titles Office shall only be recognized if it is signed by the principal or by a person expressly authorized by him or her in writing to revoke such power.
(h) If a power of attorney is written, typed or printed 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.