Chief Registrar’s Circular No. 4 of 2018
Lodgement of Rates Clearance Certificates in terms of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)
This new circular merely postpones the date of implementation and does not address the practicalities alluded to by all and sundry.
I agree with Allen - a total wet blanket, I am sorry to say. It changes nothing really.
I went back to compare the two circulars again and there is more of a difference between them than meets the eye. A subtle difference that we missed but that makes a substantial difference. We spoke too soon! Sorry.
CRC2/2018 states in paragraph 3 that a clearance is valid for 60 days etc. and in the last sentence the following: "The remainder of the period must consequently not be considered for the purpose of registration of transfer". In other words a clearance must NOT be accepted as valid for longer than 60 days even if the local authority who issued such clearance issued it for longer than 60 days. An absolute prohibition therefor on accepting a rates clearance as being valid for longer than 60 days.
However, paragraph 4 of CRC 4/2018 says "....it is advisable the registrars of deeds regard certificates as valid for a period of 60 days from the date of issue regardless of the disclosure of an expiry date that does not comply with the provisions of Act No. 32 of 2000". The absolute prohibition is therefor done away with and each registrar is now given the discretion to accept rates clearances that are issued with validity periods exceeding 60 days. Let us hope each registrar issues his/her own circular as soon as possible to indicate the practice to be followed in his/her office. Any further arguments can then be taken up with such registrar directly, or a Court order obtained.
Do we have a final word on how the Cape Town Registrar will administer clearances valid for more than 60 days?