ATC231206: Report of the Portfolio Committee on Agriculture, Land Reform and Rural Development on the Deeds Registries Amendment Bill [B28 – 2022], dated 5 December 2023.
Agriculture, Land Reform and Rural Development
Report of the Portfolio Committee on Agriculture, Land Reform and Rural Development on the Deeds Registries Amendment Bill [B28 – 2022], dated 5 December 2023.
The Portfolio Committee on Agriculture, Land Reform and Rural Development, having considered the subject matter of the Deeds Registries Amendment Bill [B28 – 2022] (National Assembly – Sec 75), referred to it and classified by the Joint Tagging Mechanism (JTM) as a Section 75 Bill, reports the Bill without amendments as follows:
1. Introduction
The Deeds Registries Amendment Bill [B28 – 2022], hereinafter referred to as the Bill, was referred to the Portfolio Committee on Agriculture, Land Reform and Rural Development (the Committee) on 02 November 2022 for consideration and report to the National Assembly (see ATC, 02 November 2022). The Bill was classified by the Joint Tagging Mechanism (JTM) as a Section 76 Bill (see ATC, 11 November 2022).
The Deeds Registries Amendment Bill [B28 - 2022] seeks to amend the Deeds Registries Act, 1937 to improve application and implementation of the Act by streamlining certain administrative provisions; providing for the recordal of land tenure rights; further regulating the powers of the Minister and the Deeds Regulation Board as well as the Boards composition; extending the application of waivers of preference; and introducing further punitive measures regarding deviant conduct.
2. Processing of the Bill by the Committee
The Committee was briefed about the Bill by the Department of Agriculture, Land Reform and Rural Development (the Department) on 19 May 2023. The Committee advertised the Bill inviting members of the public and stakeholders or interested parties to submit written comments from 23 June to 21 July 2023. The Committee received only one submission which requested the Committee to consider issuing title deeds to communities or individuals in communal areas of South Africa. The Committee held deliberations on the Bill on 17 November 2023 and further deliberated and adopted a Motion of Desirability on the 1st of December 2023. On 5 December, the Committee considered and adopted this report.
During the deliberations, the Committee noted that the Bill introduces, amongst other issues, the recordal of land tenure rights lawfully issued by the Government or any other competent authority. Such records will be kept at the Deeds Registry to ensure tenure certainty. Given that there is no legislation to facilitate recordal of land tenure rights, Clauses 3(a), 6(b), 12(d), 12(g), and 13 will remain in abeyance until a comprehensive communal land tenure legislation is passed. The clauses referred to will come into operation on a date to be determined by the President by proclamation in the Gazette. The Committee urged the Minister to speed up development of the Communal Land Tenure Bill or any other legislation that will provide for mechanisms to facilitate recordal of land tenure rights.
3. Recommendation
The Portfolio Committee on Agriculture, Land Reform and Rural Development, having considered the Deeds Registries Amendment Bill [B28-2022] (National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 75 Bill, recommends that the House adopts the Bill without amendments.
Report to be considered.