ATC21910: Report of the Portfolio Committee on Agriculture, Land Reform and Rural Development on the Sectional Titles Amendment Bill [B31 – 2020] (National Assembly– sec 76), dated 10 September 2021

Agriculture, Land Reform and Rural Development

Report of the Portfolio Committee on Agriculture, Land Reform and Rural Development on the Sectional Titles Amendment Bill [B31 – 2020] (National Assembly– sec 76), dated 10 September 2021

 

The Portfolio Committee on Agriculture, Land Reform and Rural Development (the Portfolio Committee) having considered the Sectional Titles Amendment Bill [B31 – 2020] (National Assembly – section 76), classified by the Joint Tagging Mechanism as a section 76 Bill and referred to it, report with amendments [B31A – 2020]:

 

The Sectional Titles Amendment Bill [B31 – 2020] (the Bill) was introduced in the National Assembly on 02 November 2020. The Bill seeks to amend certain provisions of the Sectional Titles Act, 1986 (Act No. 95 of 1986) (the Principal Act)

 

The Portfolio Committee, having deliberated on the content of the Bill, realised that it was necessary to amend provisions of the Principal Act which were not included in the Bill as introduced.  Further, the Portfolio Committee requested permission to amend other sections in the Sectional Titles Act, 1986 (Act No. 95 of 1986) other than what is amended through the Bill as introduced. Specifically, it sought to amend section 54(2)(c) of the Principal Act in order to remove a requirement for the Sectional Titles Regulation Board to include two persons having special knowledge of sectional title development schemes. This requirement is no longer necessary as the Sectional Titles Schemes Management Act, 2011 (Act No. 8 of 2011) now regulates and manages Sectional Titles Schemes.

 

The National Assembly, having considered the request, granted permission to amend provisions of the Principal Act which were not included in the Bill as introduced on Thursday, 09 September 2021. The Portfolio Committee concluded the deliberations on the Bill and reports the Bill with amendments agreed to as follows:

 

CLAUSE 1

 

1.         On page 3, in line 2, after “of” to omit “2011” and to substitute “2011)”.

 

CLAUSE 3

1.         Clause rejected.

 

CLAUSE 16

 

1. On page 9, from line 4, to omit clause 16 and to substitute:

 

“16. Section 54 of the principal Act is hereby amended—

(a) by the substitution in subsection (2)(c) for subparagraph (i) of the following

subparagraph:

‘‘(i) [a conveyancer] two conveyancers nominated by the [Executive Council of the Law Society of the Republic of] South [Africa] African Legal Practice Council;’’;

(b) by the deletion in subsection (2)(c) of subparagraph (v);

(c) by the insertion in subsection (2)(c) of the word ‘‘and’’ at the end of subparagraph             (vi), and the addition of the following subparagraph:

‘‘(vii) an officer occupying an office mentioned in section 2(1)(b) of the Deeds Registries Act, alternatively, an officer contemplated in section 2(1)(c) of the said Act.’’; and

(d)  by the insertion after subsection (9) of the following subsection:

‘‘(9A) The provisions of subsections (6), (7), (8) and (9) are, with the necessary changes, applicable to the appointment of an alternate member.’’.”

 

 

CLAUSE 18

1.        Clause rejected.

 

LONG TITLE

 

1. On page 2, to omit the long title of the Bill and to substitute:

 

“To amend the Sectional Titles Act, 1986, so as to amend certain definitions; to

provide for the developer to answer questions put to the developer by the agents of the lessees; to further provide for the amendment of sectional plans in respect of exclusive use areas; to further provide for the amendment and cancellation of a sectional plan upon an order of the court; to provide for the noting of a title deed in respect of the lapsing of a reservation in terms of section 25; to provide for a lease of part of the common property with the consent of the holders of registered real rights; to amend the provisions relating to the alienation of common property; to further provide for the cancellation of a mortgaged section and mortgaged exclusive use area; to also provide for a developer to submit a plan for subdivision or consolidation to the Surveyor-General for approval to subdivide, consolidate and to extend a section; to extend the registration of subdivision of a section, the consolidation of sections, and the extension of sections to a developer; to provide for the filing of replacement documentation in respect of lost or destroyed documentation; to amend the provisions relating to the extension of a scheme; to amend the provisions relating to participation quotas of sections; to regulate the membership of the sectional titles regulations board; and to provide for matters connected therewith.”.

 

 

Report to be considered