Johannesburg Registrar’s Circular No 3 of 2015
Revised procedure for lodgement and issuing of copies in terms of Regulation 51(2), 68(1), 68(8) and 68(11) of Act 47 of 1937.
1. New Procedure
As from 01 August 2015 all prior procedures in respect of issuing of certified copies in terms of Regulation 51(2), 68(1), 68(8) and 68(11) of Act 47/1937 have been withdrawn. RC 1/2010 and RC3/2013 (Clause 1) is hereby withdrawn.
Conveyancers lodge their Application/Affidavits in terms of Reg 68(1)/ Reg 68(8), consents in terms of Reg 68(11) and transactions requiring Reg 51(2) copies normally with all affected simuls as part of the batch and place it on a demarked area/box at Lodgement counter.
To ensure effectiveness with regards to this process, conveyancer must indicate in red marker/pen/stamp on No.1 of the batch that a copy in terms of the above Regulations is needed, failure which will result in deeds being rejected.
Example of endorsement Reg 51(2)/68(1)/68(8) or 68(11)
The said transactions will be separately packed at lodgement and forwarded immediately to Data Prep to issue computer print outs (CPO) and sent to Distribution Section.
Upon receipt at Distribution section a list of the requested copies will be compiled and forwarded to VA section.
VA Section will then prioritize processing of the said copies and immediately send back to Distribution section.
Distribution section will then insert the said copies into their respective transactions and allocate/distribute to examiners. It is important to note that not all copies ordered on a specific day will necessarily be made on the day due to other factors such as availability of source documents or system, however this Will be communicated to the affected firm.
The cut-off date for the current procedure will be 29 July 2015.
2. Copies already made under the previous dispensation
2.1 Copies made but not yet collected
2.1.1 VA section will as far as possible strive to deliver all copies applied for in terms of RC3/2013 by 31 July 2015, the outstanding uncollected copies will be forwarded to distribution once the transaction is lodged. Conveyancers will be expected to lodge the transaction together with a valid tear-off slip in this regard.
2.1.2 All other copies not collected within three months from the date of application will be converted to copy for information and debited against the applicants firm and delivered.
3. Any other copies
All other request for copies i.e for information, judicial purposes will still be applied for at VA section in accordance with the current system.
Examiners must take necessary care to ensure that deeds are not unnecessarily rejected due to internal over-sight.
Deeds Office staff and Conveyancers/clerks are urged to familiarize themselves with the contents of this circular and procedure in order to ensure effective implementation.
This circular will be effective as from 01 August 2015.
Johannesburg Registrar's Circular No 3 of 2015