2017
DEEDS REGISTRIES AMENDMENT
"intermediary", with respect to any particular electronic
communication, means any person who on behalf of another
person receives, stores or transmits that communication or
provides any service with respect to that communication;
"Internet" has the meaning given to that word by the Postal and
Telecommunications Act [Chapter 12:03] (No.4 of 2000);
"notarial practice" means the work of a notary public;
"originator", means a person who sends, generates, stores or
transmits any electronic communication to be sent, generated,
stored or transmitted toanyotherperson, but does not include
an intermediary;
"registered user" or "user" means a person registered in terms of
section 93;
"self-actor" means an individual wishing to lodge any document
for registration in a Deeds Registry or for attestation or
execution by a Registrar(a)
on his or her own behalf, or on behalf of himself or
herself and one or more other persons having a shared
interest in the property in question; or
(b)
on behalf of a company (other than a public company) of
which he or she is thealterego,orthemajority shareholder;
"user agreement", means the agreement between the registered
user and the Registrar referred to in section 92.
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Establishment of electronic registry
(l)Theregistrarmayestablishanelectronicregistry,forwhichpurpose,
notwithstanding anything to the contrary in this Act, the Registrar may(a)
digitise every register,deed,documentorotherrecord under
his or her charge; and
(b)
establish and maintain a computer system for the purpose of
applying information technology to any process or procedure
underthisAct, incl udi ng the despatch and recei ptand processing
ofanydeed,return,record,declaration,form,notice,statement
or other document for the purposes of this Act.
(2) The electronic registry shall become operational from such
date as the Registrar, in consultation with the Minister, shall specify by
notice in a statutory instrument:
Provided that before such date the Registrar may in terms of sections
92 and 93 register users of the electronic registry to allow them access the
electronic registry for research and information gathering purposes only.
(3)The use of the electronic registry shall be restricted to registered
users, but(a)
such use shall not interrupt or prejudice the continued use
of the paper-based Deeds Registry by users who are not so
registered; and
(b)
registered users may be required to use concurrently the
paper-based Deeds Registry to such extent and under such
conditions or in such circumstances as may be prescribed
by regulations under section 87.
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