Ramaphosa signs another new law for South Africa
President Cyril Ramaphosa has assented to the Deeds Registries Amendment Bill.
The Presidency said that the new legislation aims to enhance deeds registration processes and procedures and create uniformity in the deeds registry practice and procedures.
The new law, amends the Deeds Registries Act of 1937, also seeks to address challenges experienced by the deeds registries and conveyancers with respect to registration processes and procedures.
The law now also provides for the appointment of a Registrar, Deputy Registrar and Assistant Registrar of Deeds in terms of the Public Service Act and regulates the qualification requirements for these positions.
The legislation will also ensure the modernisation of the deeds system and records by directing the Chief Registrar of Deeds, subject to the Electronic Communications and Transactions Act, develop, establish and maintain the electronic deeds registration and records system.
“This must be done through the use of information and communications technologies for the preparation, lodgment, registration, records, execution and storing of deeds and documents, with the necessary security and privacy safeguards,” said the Presidency.
“The law also provides that an attorney, conveyancer and notary in the employ of the Department of Agriculture, Land Reform and Rural Development may perform the duties of an attorney, conveyancer and notary in respect of transactions relating to State land.”
“The law introduces a penalty provision in respect of the unauthorised preparation, execution and attestation of deeds and documents.”
These measures aim to speed up the registration and transfers of deeds and combat fraud, duplication and other challenges. The new measures will also enhance understanding of land and property ownership in the country.
On top of the Deeds Registries Amendment Bill, Ramaphosa also signed the National Road Traffic Amendment Bill and Rail Safety Bill into law this week.
National Road Traffic Amendment Bill
The National Road Traffic Amendment Bill amends the National Road Traffic Act of 1996 and aims to improve road safety in South Africa.
For context, 10,154 people have died on South African roads in 2024, with the figure expected to climb as the busy festive season approaches.
The Bill “proves for a far-reaching new dispensation in road safety including fitness of drivers and vehicles, the transportation of certain dangerous goods, the general speed limit and the integrity of the issuing of vehicle and driver’s licences,” said the Presidency.
“The Bill gives effect to the National Road Safety Strategy, which has five pillars: road safety management; safer roads and mobility; safer vehicles; safer road users, and post-crash response,” added the Presidency.
Key provisions of the law include:
- The bill establishes a framework for suspending or cancelling the registration of driving license examiners and vehicle examiners. This measure aims to enhance the integrity of the licensing process.
- Driving schools and testing centre will be registered and graded to ensure quality and standardised practices.
- The Bill disqualifies vehicle examiners who have any financial interests in the motor vehicle industry, including manufacturing, selling, or repairing vehicles. This disqualification extends to financial interests held by the examiner’s spouse or partner.
- Traffic officers, traffic wardens, and NaTIS officials are also disqualified if they have direct or indirect financial interests in road transport service businesses. This includes financial interests held by their spouse or partner.
- The Bill outlines offences related to learner’s licenses and introduces new penalties for individuals assisting driver license applicants in committing offences, including fraud.
- The legislation emphasises the responsibility of emergency services to respond promptly to road incidents. This includes both state and private emergency medical services and those responding to disasters under the Disaster Management Act.
- Drivers of emergency vehicles and those responding to disasters are restricted to a speed limit of 20km/h when passing through intersections while performing their duties.
- The legislation mandates the registration of individuals engaged in building or modifying vehicle bodies on chassis and chassis cabs, as well as those who import new buses or midibuses. This measure aims to regulate these activities and ensure safety standards.
Rail Safety Bill
President Ramaphosa’s also put pen to paper for the Rail Safety Bill, which will replace National Railway Safety Regulator Act of 2002.
The new law deals with South Africa’s railway safety regulations and aims to ensure safer railway operations.
“The law recognises that safe railway operations promote the use of rail as an efficient mode of transportation and that the effective provision of railway safety demands uniform policy, norms and standards,” said the Presidency.
“The new law provides for the regulation of railway safety and for the continued existence of the Railway Safety Regulator,” it added.
Key provisions of the Bill include:
- Create a national railway safety information and monitoring system.
- Introduce railway safety permits.
- Designed to create consistent policies, norms, and standards for railway safety.
- Seeks to harmonise South Africa’s railway safety regulations with those of the Southern African
- Development Community.
“This is a significant prerequisite for greater regional integration,” said the Presidency.
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