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CRC 9/2014 – a response

3 July 2014

It is stated in the second sentence of paragraph 3.2.2 of Chief Registrar’s Circular No. 9 of 2014 (“the Circular”), – refer to Chief Registrar's Circular 9 of 2014 -, in connection with the transfer of certain properties from Provincial Government to municipalities, that: “The relevant title deed/s must be lodged together with an application by the local authority concerned.” (Emphasis added). In my opinion, a local authority is not competent to make such application. As will more fully appear below, the application can only be legally made by a Provincial Government.

Section 14(2)(b) of the Housing Act, 1997 (Act No. 107 of 1997), as amended, (“the Act”), provides, amongst other things, that: “The Registrar of Deeds concerned must, at the request of a Provincial Government to which immovable property or any registrable claim or right has passed in terms of this section …………………………. .………………………………” (Emphasis added).

Section 15(2)(a) of the Act provides, amongst other things, that: “Any immovable property which has passed to a Provincial Government in terms of section 14(2) or (4)(c) ……………..must, …………….., be transferred, ……………………….., by the Provincial Government to the municipality …………..” (Emphasis added).

Section 15 (6) of the Act provides that: “Section 14(2)(b), (c) and (d) applies, with the changes required by the context, to immovable property or a registrable claim or right transferred in terms of this section, and the reference to the head of department in section 14(2)(c) must be construed as reference to the chief executive of the municipality in question.”

Clearly, there is no provision in section 5(6) of the Act to the effect that the reference to the Provincial Government in section 14(2)(b) of the Act must be construed as a reference to the Municipality in question or concerned. The Legislature’s clear intention is that the (transferor) Provincial Government make the application for a transfer to a (transferee) Municipality.

Thabo Nqhome
30 June 2014

Reader Comments: 1
Allen West 10/07/2014:

The CRC is under review.

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