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 14 February 2014. All rates clearance certificates accompanying transactions and lodged for registration on or after 17 February 2014, must strictly comply with the prescribed form and be lodged in the original format.
- Chief Registrar’s Circular No. CRC 29 of 2013 is hereby withdrawn and substituted with this Circular.
Chief Registrar's Circular 29 of 2013 and Chief Registrar's Circular 30 of 2013
Most conveyancers probably know by now that the Chief Registrar has indicated that CRC 30 of 2013 is to be suspended pending further discussions with the profession and SALGA. The KZN Law Society Property Law Committee is also addressing this issue.
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