Lodgment of rates clearance certificates that do not comply with the provisions of the Local Government: Municipal Systems Act No. 32 of 2000
- Rates clearance certificates that have been electronically generated, do not comply with the provisions of section 118 of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000). These certificates are printed from the vendor’s website and provided with a certificate (by the conveyancer) to the effect that it is the ‘true copy of the rates clearance certificate that has been drawn from the vendor’s (name) website'.
- Section 118 of Act 32 of 2000 is prescriptive and does not afford the Registrar of Deeds any discretion in respect of the 'production to that registrar of deeds of a prescribed certificate'. The format of the prescribed certificate is contained in the Regulations to Act 32 of 2000 and provides for a signature by a Municipal Manager. The Act does not provide for copies of such certificates to be lodged.
- Pending an amendment to Act 32 of 2000, or until otherwise advised by the Minister of the Department: Provincial and Local Government, all Registrars of Deeds must strictly adhere to the provisions of section 118, in so far it relates to the lodgement of a prescribed rates clearance certificate. This certificate must be lodged in original form.
- Those offices who have accepted rates clearance certificates issued in the manner referred to in paragraph 1 will accept these certificates for registration purposes only until 28 February 2014. All rates clearance certificates accompanying transactions and lodged for registration on or after 3 March 2014, must strictly comply with the prescribed form and be lodged in the original format.
- Chief Registrar’s Circulars No. CRC 29 and 30 of 2013 are hereby withdrawn and substituted with this Circular.