DEEDS REGISTRAR'S CONFERENCE RESOLUTION 58/2011
- Section 14(1) of the Sectional Titles Act 95 of 1986 (STA) empowers the Surveyor-General (SG) to require the amendment of any registered sectional plan found to be incorrect. In terms of the said section the SG has the sole discretion.
- In terms of RCR 58/2011 substituted sectional plans whereby the numbering of sections are amended in order to bring the de jure position in line with the de facto position, is not permissible.
- Sections on a sectional plan are described by a unique number (regulation 5(1)(k)). A SG may require registered sectional plans to be altered or amended or to be substituted if found to be incorrect, and must in terms of section 14(5) advise a Registrar of any alteration, amendment or substitution of a sectional plan which affects the description (unique number) of any section. The resolution under RCR 58/2011 is clearly ultra vires the Act and amounts to creating law.
- In terms of the Registrars Conference Terms of Reference, the Chief Registrar cannot "make" law, and there is a duty on Registrars not to implement a directive by the Chief Registrar of Deeds if it would result in substituting applicable or existing legislation.
- In terms of item 9.1 of the Registrars Conference Terms of Reference, I hereby CR 58/2011 with immediate effect. The matter will be referred to the next Registrars Conference as required by the said Terms of Reference