Mining Titles Registration Act, 1967 (Act No. 16 of 1967)RegulationsMining Titles and Registration Regulations, 2004Chapter III : Preparation and Lodgement of Deeds and Documents excluding Bonds |
| 16. | Deeds and documents shall be lodged by a conveyancer, a notary or by a person authorized by such conveyancer or a notary in duplicate at the Mineral and Petroleum Titles Registration Office and shall be prepared in the form prescribed in Schedule A. |
| 17. | Deeds and supporting documents executed or registered and filed within the Republic shall be neatly and plainly printed, leaving a clear margin of at least four centimetres for binding purposes. |
| 18. | All deeds, supporting documents and other instruments proper for execution or registration at the Mineral and Petroleum Titles Registration Office, shall be lodged during determined hours on working days with the receiving official who shall note thereon the date of such lodgment. |
| 19. | The person lodging deeds and all supporting documents shall place them in covers approved by the Director-General on which shall be briefly noted, the nature of the transaction, particulars of the rights dealt with and the documents lodged. |
| 20. | Material alterations and interlineations on a deed or other document if made, shall be initialed either by the preparer or the person or persons executing such deed or other document and also by the persons attesting the same. Where, however, the alterations and/or interlineations are attested by persons other than the original attestors, such persons shall attach their signatures. |
| 21. | All alterations and interlineations shall, in the case of a deed attested by a notary, be initialed also by such notary. |
| 22. | The upper half of the first page of a deed shall be left clear and shall be used only for endorsement purposes. |
| 23. | Any spaces in a deed, which have not been used, shall be ruled through and where such deed is comprised of more than one page, the pages shall be numbered. |
| 24. | The Director-General may decline to attest, execute, register, or accept, as the case may be, any deed or document if the writing, typing, dating or reproduction in any deed or any supporting document lodged is not sufficiently clear, owing to faintness, other blemish, or the paper is of a quality which is not likely to ensure durability. |
| 25. |
| (a) | Deeds and supporting documents shall contain the full names, identity numbers and the status of the persons named therein. |
| (b) | In the case of a company and any other body identified by a registration number, the registered number shall be disclosed, while in the case of a statutory body the number of the Act constituting it shall be quoted. |
| 26. | The addition of an alias to the description of any person by or to whom a deed, lodged for execution or attestation in the Mineral and Petroleum Titles Registration Office, is to be passed, shall not be permitted nor shall it be recognized for the purpose of these regulations. |
| 27. | Every deed conferring title to any right shall quote— |
| (a) | the number and date of title, deed and/or other document by which the transferor holds the right to be transferred; |
| (b) | the name, portion, number, registration division of the farm and the region where the right is situated; |
| (c) | the number allotted by the Mineral and Petroleum Titles Registration Office to the diagram or plan defining the right. |
| 28. | When dealing with any right under the Act, the relevant title, deed or other document by which such right is held, shall be lodged with the transaction which is sought to be registered or if such document is lost, a certified copy thereof issued to serve in the place of the original. |
| 29. | Where a right is to be transferred or ceded in execution of a judgment of any court, it shall not be necessary for the appointed officer to produce the relevant title or certified copy thereof if such officer certifies in writing that he or she has been unable to obtain possession of such title or copy. |
| 30. | Where the extent of any right is quoted in any deed or bond such extent shall be expressed in both figures and words. |
| 31. |
| (a) | Where an undivided share in any right is being dealt with the expression "share" shall be used and such share shall be expressed in one fraction in its lowest terms. In complicated cases the method used in arriving at the result shall be furnished and where the denominator of the fraction exceeds two figures the fraction shall be expressed as a decimal to four figures. |
| (b) | If a right to be transferred or mortgaged is held by several deeds or by two or more holders, the conveyancer shall furnish a declaration containing particulars regarding the different fractional shares held under each deed and by each such holder. |
| (c) | Where a share in any right is transferred from two or more deeds under which such share is held, one or more of such deeds shall, first be exhausted. |
| 32. | In any deed conferring a title to any right, the rights of the State shall be expressly reserved. |
| 33. | No condition shall be included in any deed which purports to impose upon the Director-General any duty or obligation not sanctioned by law and where such a condition appears in any deed, it shall be null and void. |
| 34. | All deeds proper for execution should be executed before the Director-General in the Mineral and Petroleum Titles Registration Office within ten working days after the date of lodgement unless the Director-General permits deeds to be executed before or after the expiration of the said period. |
| 35. | All deeds or document lodged for registration shall, if circumstances permit, be registered or rejected within the period stated in regulation 34 above. |
| 36. | Deeds lodged for execution or registration shall be fully examined in the first instance but the Director- General shall, upon discovery of a defect in any such deed or supporting document, have powers to direct that further examination of such deed be postponed until the defect has been remedied or that such deed be rejected in the ordinary course. |
| 37. | Any deed lodged for execution, registration or recording shall be accompanied by all such supporting documents as may be necessary in connection with the examination of such deed, together with any receipts or certificates required by law to be produced in connection therewith. |
| 38. |
| (a) | When a deed, lodged for execution, registration or any other purpose, is intended to be dealt with simultaneously in conjunction with any other matters or deeds lodged by another conveyancer, a note to that effect shall be made by the conveyancers concerned on all lodgement covers. If any one or all conveyancers omit to comply with this requirement any transaction so intended to be coupled with others but in respect of which such note does not appear on the cover may, if in order, be dealt with independently of any such other deed or deeds. |
| (b) | Where such a note has been made and any one or all the matters intended to be dealt with simultaneously are not being proceeded with, the note relating to such matter shall be deleted on the cover and the deletion initialled by the responsible conveyancer if his or her transaction is to proceed. |
| 39. | Where special conditions are imposed by proper authority in addition to the usual conditions, if any, on any form of right or any renewal or extension thereof, such special conditions shall, so long as they remain in force, be embodied in every deed of transfer, cession or other instrument evidencing ownership of such right. |