Deputy Speaker, the briefing by the department on the Deeds Registries Amendment Bill sets out the aims of the proposed amendments. Most of these provisions were made to remove areas of confusion that currently exist and to update the definitions.
An important proposal is to legally oblige registrars to comply with the directives from the Chief Registrar of Deeds. Due to the fact that South African law does not explicitly guarantee title to land, it is critical that the deeds registration system effectively guarantees this title. The current system is failing property owners as major syndicates are exploiting the gap in the Act.
At present, all 10 deeds registry offices have their own practices that are causing problems and discrepancies. Three weeks ago, the deeds offices in Pretoria were put in the spotlight for the fraudulent transfer of 33 properties owned by the Johannesburg Property Company. This amendment will ensure that the State Attorney will be responsible for conveyance and the transfer of state and municipal land.
The second important amendment is clause 5, which amends section 34 of the Bill. It makes provision for the owner of a piece of land to apply for a certificate of registered title for his or her undivided share of the land, where the land was subject to joint ownership.
The amendment would provide for the issuing of a certificate of registered title of any fraction of his or her undivided share. The implication of this could have widespread benefits for people in joint ownership of property, as this will allow all co-owners to have a title registered in their own name.
The Sectional Titles Amendment Act is the legislation that governs apartments, townhouses, office blocks and other building blocks, where multiple owners hold a type of property ownership known as sectional titles.
Important amendments are found in clause 1(d), which provides for a body corporate to approach the court in instances where it had been unable to obtain a unanimous resolution.
Clause 3(a) determines confusion arising from a sectional title register opened on more than one piece of land and clause 6, which did not cater for the issuing of a certificate of a registered title, in a sectional titles scheme, in respect of a fraction of an undivided share in a unit. What all these mean is that the body corporate will know exactly what their rights are and that all grey areas will be deleted.
The DA supports both Bills. Thank you. [Applause.]