ELECTRONIC DEEDS REGISTRATION ACT: MORE SECTIONS IN FORCE SOON

ELECTRONIC DEEDS REGISTRATION ACT: MORE SECTIONS IN FORCE SOON

• 26 November 2024
• Property Law
• SA Legal Academy

Please note: On 29 November 2024, draft regulations were gazetted for input by 29 December 2024.

Sections 3 and 4 of the 2019 Electronic Deeds Registration Act are scheduled to commence on 2 December 2024 by presidential publication in the Government Gazette. The Act’s section 2 (development, establishment and maintenance of electronic deeds registration system) came into effect in November 2019.

Section 3 of the Act provides that – subject to section 14 of the 2002 Electronic Communications & Transactions Act – ‘a deed or document generated, registered and executed electronically and any other registered or executed deed or document scanned or otherwise incorporated into the electronic deeds registration system by electronic means is for all purposes deemed to be the only original and valid record’. This is noting that section 14 of the 2002 Electronic Communications & Transactions Act specifies the circumstance in which a data message may be used to present or retain information in its original 25 form.

Section 4 of the Electronic Deeds Registration Act requires ‘any user of the electronic deeds registration system authorised by the regulations … (to) be registered in the manner and under … conditions … directed by the Chief Registrar of Deeds’.

• presidential proclamation
• Electronic Deeds Registration Act
• Electronic Communications Act & Transactions, as amended Act

Published by SA Legal Academy Policy Watch

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