Registrar’s Circular No 21 of 2016: Rectification of Errors
1. PURPOSE
To clarify procedures around rectification of errors in different sections.
2. BACKGROUND
Rectifications on delivered deeds and rectifications of errors encountered after registration were centralized to be administered together, to enhance service delivery and to prevent any fraudulent activity on original title deeds.
3. PROCEDURE FOR DEALING WITH DIFFERENT ERRORS
3.1 DATA ERRORS
Errors encountered on data printouts will be dealt with at Information section. No rectification may be presented directly to the Data section. A firm must submit 3 memos setting out the contents of the data error:
- One for acknowledgement of receipt which is also filed by the section,
- One to be send to Data section to attend to the error,
- One to return to the firm after rectification, in compliance with the error. The said memo with the request for amendment together with proof of amendment will be returned in the pigeon hole of the relevant firm.
The turnaround time of a rectification is three days and problems encountered should be taken up with the manager of the section.
3.2 ERRORS ON WINDEED/GHOSTCONVEY AND OTHER SEARCH/ENGINES
Windeed/GhostConvey and other search documents are not considered as proof of registration facts in the deeds office. Vendors such as WinDeed, GhostConvey etc. purchase information from the Chief Registrar of Deeds and the Deeds Office cannot account as to the correctness of the Information. The Deeds Office is not authorised to effect changes on these search engines.
3.3 RECTIFICATIONS ON DELIVERED DEEDS
All original title deeds on which rectifications are required must be handed to a nominated official in the Deeds Office. In his/her absence another official will be made available, to attend to the Rectification. The name of the official will be communicated to the Conveyancers in due course. Each request must be embodied on a letterhead of the firm, along with the Firm number. If a copy of the letter is to be signed as proof of receipt, it must be lodged in triplicate. A Copy of the letter will be filed with a control sheet for future reference.
Corrective measures are only applied, once verification was done on the DRS and Deedsview systems.
The turnaround time of a rectification is three days.Problems encountered should be taken up with the manager of the section. Upon collection of the rectification, the control sheet is signed as proof of receipt by the relevant firm.
It is important to note that matters rejected by examiners and deeds in the systems are not catered for in this sub-paragraph.
2.4 ERRORS ON LODGED OR REJECTED DEEDS
It is the duty of the relevant examiner and his/her Assistant Registrar to investigate, verify and apply correction of errors on all deeds received during of the examination process. Non-compliance must be reported to the supervisor of the examiner. Disciplinary action must be taken against the relevant examiners.
3.5 ERRORS ENCOUNTERED AFTER REGISTRATION (EBD) NOTES)
The relevant firm will receive notification of the error, by notice placed in the firm's Pigeonhole. A date will be indicated in the notice, by which the rectification must be attended to. To enhance timeous compliance/correction it is ideal to contact the executing Conveyancer. No second and third notices will be entertained. If the conveyancer did not respond before the first deadline and made the necessary arrangements, the account of the firm will be suspended.
3.6 ERRORS/OMISSIONS ON PERMANENT FILED TITLES
The Conveyancers will return the original deeds to the TR section to enable the section to affix the necessary endorsement on the permanent filed title bond.
A memo in triplicate should be submitted to the TR section, referring to the date, title and nature of the error/omission:
- The TR section will keep one memo as part of their POE.
- The second memo will be endorsed with date of submittance to the office, and returned to the Conveyancing firm.
- The third memo will be delivered with the deeds after the error/omission had been attended to. The TR will be scanned after the error/omission had been attended to.
The turnaround time of a rectification is three days. The deeds will be collected by the firm at the TR section and the firm will sign the register that the deeds had been received.
Notice to Examiners dated 29/08/2005 and RC 4 of 2016 are herewith withdrawn.
This circular will come into operation with immediate effect (13 September 2016).
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