The Electronic Deeds Registration System Act (the Act is still to be gazetted and a commencement date announced) introduces the development of an Electronic Deeds Registration System (e-DRS) that will revolutionise the conveyancing process, in line with global computerisation. The e-DRS promises to improve the transfer of property through an electronic platform. The system will enable electronic processing, preparation, lodgement and registration of deeds and documents by conveyancers and the Registrar of Deeds.
This electronic platform, while improving turn-around time, will aim to provide for the effective registration of large volumes of deeds and to enhance the accuracy of the processes relating to the examination and registration of deeds. Another feature will be country wide access to the registration services, with an increase in the availability of information to the public.
At the same time, it is promised that the e-DRS will have security features in place to protect confidentiality, non-repudiation, integrity and availability. The development of the e-DRS is subject to the Electronic Communications and Transactions Act, 2002 (Act no. 25 of 2002) and will have to comply with the provisions thereof.
When the e-DRS is implemented it will enhance South Africa’s international e-commerce profile, while hopefully maintaining and maybe even enhancing the security of title of immovable assets.
This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)