1.1 The purpose of this circular is to clarify the procedure to be followed with regards the issuing of VA copies in line with the amended Regulation 68 as per GG No. 42813 dated 01 November 2019 which came into operation from 02 January 2020.
1.2 This circular must be read with RC3/2015(JHB) and CRC 5 of 2019.
2. Notice of intention to apply for a certified copy.
2.1 The copy of a notice of intention to apply must be served by the applicant at the Deeds Office: Information Section once published in the newspaper.
2.2 The address of the Registrar of Deeds must be reflected as: Deeds Office Information Section, Mezzanine Floor, 208-212 Marble Towers Building, c/n Von Weilligh & Pritchard Street, Johannesburg.
2.3 The Assistant Registrar of Deeds in charge of Information Section or delegate officials will then check for compliance and record such notice in a register and stamp the client’s copy with an official date stamp as proof of receipt. The copy of the stamped notice of intension to apply will be filed by the Deeds office for inspection purposes.
2.4 A copy the said deed will then be made and attached to the notice and thereafter be opened for inspection.
2.5 Furthermore an office caveat will be noted against the property stating that a "VA is pending, no further dealing with the title deeds”.
2.6 Should the original title be found, the applicant must formally withdraw the notice in order to have the "VA pending caveat" purged and the copy so processed converted to copy for information purposes and charged accordingly.
3. Dealing with Objection
3.1 Should an objection be lodged, the Registrar of Deeds will formally inform the applicant of the objection.
3.2 A further caveat will be noted regarding the objection and will only be purged upon written confirmation by both parties that the objection has been dealt with.
4. Lost Deeds Office copy
4.1 Should the Deeds Office Copy also be lost and same has been confirmed after an extensive search, the applicant will immediately be informed to follow the provisions of Section 38 of Deeds Registries Act.
5. Upon expiry of the two weeks
5.1 The applicant must lodge the original affidavit and application in a yellow cover and proof of publication as per Regulation 68(1E) (a) of the Deeds Registries Act for examination purpose.
5.2 Furthermore the preparer must certify that the person that signed the affidavit and application is in fact the applicant described in the application.
The preparer's certificate must read as follows: "I.................... ............ hereby certify that, this application was signed by the applicant mentioned herein and after due enquiry has been made the identity and legal capacity of the applicant has been verified and is correctly reflected.”
............................... *Attorney/conveyancer *Delete the necessary
5.3 Clients are further reminded of the procedure set-out in RC3/2013 regarding the red "VA" indicator on the cover to ensure that correct copies are inserted by distribution prior to assigning to examiners.
6. Effective date.
This circular will be effective with effect from the 08 January 2020.