No.8
DEEDS REGISTRIES AMENDMENT
whichever it was addressed, and such office shall be the
place of receipt; or
(b)
iftheelectroniccommunication is sent by the Deeds Registry
or the Registrar to a registered user, at the place of receipt
that is stipulated in the user agreement.
(6) Whenever any registered user is authorised to submit and sign
electronically any deed, return, record,declaration,form, notice,statement
or the like, which is required to be submitted and signed in terms of this
Act, such signature electronically affixed to such electronic communication
and communicated to the Deeds Registry or the Registrar, shall, for the
purposes of this Act, have effect as if it was affixed thereto in manuscript,
and acceptance thereof shall not be denied if it is in conformity with the
user agreement concluded between the Registrar and the registered user.
(7) The Registrar may, notwithstanding anything to the contrary
contained in this section, permit any registered usertosubmitelectronically
any deed, return, record, declaration, form, notice, statement or the like,
which is required to be submitted in terms of this Act, by using the Internet,
and subject to such exceptions, adaptations or additional requirements
as the Registrar may stipulate or prescribe, this section shall apply to the
submission of the foregoing documents using the Internet.
97
Obligations, indemnities and presumptions with respect to
digital signatures and passwords
( 1) If the security of a digital signature or password allocated to a
registered user has been compromised in any manner the registered user
shall inform the Registrar in writing of that fact without delay.
(2) No liability shall attach to the Registrar, the Deeds Registry or
any officer or employee thereof for any failure on the part of a registered
user to ensure the security of the digital signature allocated to him or her
and,in particular, whereelectronicdataauthenticated by a digital signature
or password is received by the Deeds Registry or the Registrar(a)
without the authority of the registered user to whom such
signature was allocated; and
(b)
before notification to the Deeds Registry or the Registrar by
the registered user that the security of the digital signature
allocated to him or her has been compromised;
the Deeds Registry or the Registrar shall be entitled to assume that such
data has been communicated by, or with the authority of, the registered
user of that digital signature.
(3) Wherein any proceedings or prosecution underthisActorin any
dispute to which the Deeds Registry or the Registrar is a party, the question
arises whether a digital signature affixed to any electronic communication
to the Deeds Registry or the Registrar was used in such communication
with or without the consent and authority of the registered user, it shall be
presumed, in the absence of proof to the contrary, that such signature was
so used with the consent and authority of the registered user.
98
Alternatives to electronic communication in certain cases
(I) Whenever the electronic registry or a computer system of a
registered user is inoperative, the registered user and the Registrar shall
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2017