By Kgomotso Ramotsho

Minister of Rural Development and Land Reform, Gugile Ernest Nkwinti, has under s 1(1)(a)(iii) of the Deeds Registries Act 47 of 1937, amended with effect from date of the publication of the notice in the Government Gazette (GG). The government notice released, states that the definition of the area of deeds registry in Pretoria, as set out in the schedule to GN R861, GG30288/25-9-2007, by excluding the Limpopo Province as defined in sch 1A to the Constitution, from the area defined in the said schedule to the GG notice, R861.

In the notice, Minister Nkwinti, under s 1(1)(a)(i) and 1(1)(a)(iii) of the Deeds Registries Act, established with effect from date of publication of the notice in the GG, a deeds  registry in Polokwane for the Province of Limpopo and defined with effect from date of publication of the notice in the GG, the area of deeds registry in Polokwane as the Province of Limpopo, as defined in sch 1A to the Constitution.

The released Registrars Circular 3 of 2017, states that –

• Purpose: The purpose of the circular was to provide clarity on description of Limpopo Deeds Registry on deeds and documents, which are already prepared to be lodged in Pretoria Deeds and have not been lodged on the opening of the Limpopo Deeds Registry.
• Description of seat of deeds registry on deeds and documents already prepared –

– the deeds, powers of attorney and supporting documents which contain ‘Pretoria Deeds Registry’ as seat on which they must be registered and have not been lodged on opening of Limpopo Deeds Registry. The reference to Pretoria Deeds Registry shall be scratched out or ruled out and replaced by ‘Limpopo Deeds Registry, at Polokwane’. Initialling by the conveyancer will suffice; and

– the process outlined above will only be allowed for a period of three months and from the opening of the office. Deeds and documents that are lodged after three months and still refer to the Pretoria Deeds Registry as seat of registration will be rejected.

• Description of seat of deeds registry on new deeds and documents:

– All deeds and documents, which are prepared from 3 April must contain the new description of the ‘Limpopo Deeds Registry, at Polokwane’ as the seat of registration.

– Deeds and documents, which do not refer to the correct description of the seat of deeds registry and were signed on or after 3 April will be rejected.

The circular came into operation on 3 April.

In a released Registrars Circular 3 of 2017, Deeds Registry Pretoria and 2 of 2017, Deeds Registry Limpopo stated –

• Purpose: The purpose of this circular is to provide for transitional measures relating to the Pretoria Deeds Registry and the opening of the Limpopo Deeds Registry.
• Lodgements: Lodgements for transactions relating to properties falling within the Limpopo Province will only be allowed in the Pretoria Deeds Registry up and until 27 March. All transactions lodged on or before 27 March will be processed in the Pretoria Deeds Registry.
• Permanently filed titles: The conveyancer who applied for the title to be filed permanently in the Pretoria Deeds Registry, relating to properties in Limpopo, must withdraw TRs CBs and DTs. If it is still a requirement to file the title permanently, the conveyancer, practising at the seat of the Limpopo Deeds Registry, must re-apply to have the title filed permanently.
• General power of attorneys:

– In instance where a General Power of Attorney is filed at the Deeds Office in Pretoria and is required for use at the Limpopo Deeds Registry the provisions of reg 65(6) and (7) of the Deeds Registries Act must be complied with.

– Alternative to the above, the conveyancer may apply for the registration of new General Power of Attorney in the Limpopo Deeds Registry.

• Cancellation of bond over a property in Pretoria and Limpopo

In a case where there is one bond registered over two properties, one in Limpopo and one in Pretoria, such bond needs to be cancelled. It is the responsibility of the lodging conveyancer to ensure that such bond is cancelled in both the Pretoria and Limpopo deeds registries and it must comply with the following requirements –

– lodge original consents to cancellations in both deeds registries. Copies of consents will not be accepted;

– lodge original bond in one deeds registry and copy of the same bond in another deeds registry; and

– the registration of the cancellation in both registries must be on the same day meaning it must be a simuls between two registries. The normal procedure in respect of simuls between two deeds registries must be followed by both the conveyancer and both deeds registries.

Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.

This article was first published in De Rebus in 2017 (May) DR 10.