This Act was repealed on 2021-04-23 by Deeds Registries Act, 2015.
This is the version of this Act as it was when it was repealed.
Registration of Deeds in Rehoboth Act, 1976
Act 93 of 1976
- Published in South African Government Gazette 5183 on 30 June 1976
- Assented to on 18 June 1976
- Commenced on 26 November 1976 by Date of commencement of the Registration of Deeds in Rehoboth Act
- [This is the version of this document from 15 July 1996 and includes any amendments published up to 1 September 2023.]
- [Amended by Registration of Deeds in Rehoboth Amendment Act, 1981 (Act 8 of 1981) on 7 April 1982]
- [Amended by Registration of Deeds in Rehoboth Amendment Act, 1994 (Act 35 of 1994) on 13 December 1994]
- [Amended by Registration of Deeds in Rehoboth Amendment Act, 1996 (Act 8 of 1996) on 15 July 1996]
- [Repealed by Deeds Registries Act, 2015 (Act 14 of 2015) on 23 April 2021]
1. DefinitionsIn this Act, unless the context otherwise indicates “court” means the South West Africa division of the Supreme Court of South Africa or the Basterhof in the Gebiet;“deed” includes any antenuptial contract, notarial bond, mortgage bond, deed of servitude, land title or other document which confers a real right in land;“diagram” means any diagram which has been signed by a person who when he signed it was recognized in terms of any law then in force in the Gebiet as a land surveyor, and which has been approved or certified by a surveyor-general or any other officer competent to approve or certify a diagram, and includes a diagram or copy thereof prepared in a surveyor-general’s office and approved or certified as aforesaid, and any diagram which has at any time before the commencement of this Act been accepted for registration in a deeds registry or surveyor-general’s office;“erf” means any piece of land registered as an erf or stand in the registry and includes any defined portion, not intended as a public place, of a piece of land laid out as a township;“Gebiet” means the Rehoboth Gebiet as described in section 6 of the Rehoboth Self-Government Act, 1976;[The Rehoboth Self-Government Act is Act 56 of 1976.]“general plan” means a plan which represents the relative positions and dimensions of two or more pieces of land which has been signed by a person recognized by law as a land surveyor and which has been approved or certified as a general plan by a surveyor-general or other officer competent so to approve or certify a general plan, and includes a general plan or copy thereof prepared in a surveyor-general’s office and approved or certified as aforesaid;“immovable property” includes any registered lease of land by which, when it was entered into, a tenancy was stipulated of not less than ten years or for the duration of life of a natural person mentioned in the lease, or which is renewable from time to time at the option of the lessee for an indefinite period or for periods which together with the first period in all amount to not less than ten years;“land” includes an undivided share in land;“land title” includes a partition land title, certificate of consolidated land title and any other document issued in terms of this Act which serves as proof of the ownership of any person in land;“magistrate” means the magistrate for the district of Rehoboth;“Minister” means the Minister of Lands, Resettlement and Rehabilitation;[definition of “Minister” amended by Act 35 of 1994]“mortgage bond” means any document attested by the registrar under which immovable property is specially hypothecated;“notarial bond” means any document attested by a notary under which movable property is hypothecated generally or specially or generally and specially;“notary”, in relation to -(a)a deed or document by virtue of which a real right is vested in land, means a person practising as a notary in the Republic or South West Africa;(b)any other deed or document, means a person practising as a notary at the place where the deed or document was signed;“officer” means any person appointed under the Public Service Act, 1957 (Act No. 54 of 1957), to the Public Service;[The “Administration of South West Africa” and the “Secretary for South West Africa” were removed from the coverage of the Public Service Act 54 of 1957 by RSA Proc. R 112/1980 (RSA GG 7097). The public service in South West Africa was then governed by the Government Service Act 2 of 1980 (OG 4116), which was re-named the Public Service Act 2 of 1980 and replaced by the Public Service Act 13 of 1995.]“owner” means, in relation to -(a)immovable property, real rights in immovable property and notarial bonds, subject to paragraph (b), the person registered as the owner or holder thereof and includes the trustee in an insolvent estate, the liquidator of a company or a close corporation which is an owner or a holder and the representative recognized by law of any owner or holder who has died or who is a minor or of unsound mind or is otherwise under disability, provided such trustee, liquidator or legal representative is acting within the authority conferred on him or her by law;(b)immovable property, real rights in immovable property and notarial bonds -(i)which are registered under section 10 in the name of both spouses, either one of the spouses acting with the written consent of the other spouse; and(ii)which are registered in the name of only one spouse and which form part of the joint estate of both spouses, either one of the spouses acting with the written consent of the other spouse;[definition of “owner” substituted by Act 8 of 1996]“register”, in relation to any matter, means the register prescribed in respect of such matter;“registered” means registered in the registry;“registrar” means the person appointed in terms of section 3(1) or (2);“registry” the deeds registry established by section 2;“registry duplicate”, in relation to a deed or other document, the copy of such deed or document kept or intended to be kept in the registry;“regulation” any regulation made in terms of section 56;“share”, in relation to land, means an undivided share;“this Act” includes the regulations made in terms of section 56;“township” includes -(a)any group of pieces of land or any group of subdivisions of a piece of land which are combined with public places and are used mainly for residential, industrial or similar purposes or are intended for such use;(b)any combination of such groups of land;“transfer”, in relation to land, means the transfer of the ownership in land;“transfer endorsement” means an endorsement effected by the registrar on any land title by virtue of which the ownership or a real right in the piece of land in question is transferred;
2. Deeds registryThere is hereby established a registry for the registration of deeds in the Gebiet.
3. Registrar of deeds
4. Duties of registrarThe registrar shall -
5. Powers of registrar
6. Transfer of certain documents to registry and issue of land titles
7. Land title may be issued to one person only and in respect of one piece of land only
8. Registration of deeds to follow the sequence of the respective causesSubject to the provisions of this Act or any other law
9. Registration of land in terms of order issued after holding of enquiry in terms of section 54Immovable property which is the subject of an order referred to in section 54(8)(b) shall notwithstanding anything to the contrary contained in this Act, be registered in accordance with the provisions of such order in the name of the person concerned.
10. Registration of property in name of married persons
10bis. Endorsement of deeds where a spouse is entitled in terms of section 8 of Married Persons Equality Act, 1996, to immovable property forming part of the joint estateWhere during the subsistence of the marriage a spouse is entitled, as a result of a settlement made to such spouse in terms of section 8 of the Married Persons Equality Act, 1996, to immovable property forming part of the joint estate, the registrar shall on the written application of that spouse, accompanied by such documents as the registrar deems necessary and if the registrar is satisfied as to the relevant facts, endorse on the relevant title deed or, if such deed cannot be produced by such spouse due to the other spouse’s refusal to produce the deed in his or her possession or under his or her control, only the registry duplicate thereof and in the relevant registers, that the spouse to whom the settlement in question was made is entitled to deal with such immovable property, and thereupon such spouse shall, subject to subsection (5) of the said section 8, be entitled to deal therewith as if he or she had taken formal transfer in his or her own name of such property.[Section 10bis is inserted by Act 8 of 1996. The Married Persons Equality Act is Act 1 of 1996.]
11. Land title to correct error in registrationIf by reason of an error the same piece of land has been registered in the names of different persons, the registrar may, upon transfer of the land being given to one of them by the other person or persons, replace all the land tides in question by one land title.
12. Limitation of registration of rights in immovable property
Transfer Of Land
13. Transfer of land right to undivided share or real right in land
14. Transfer of land from joint estateIn a transfer relating to land which is an asset in a joint estate, the surviving spouse shall be joined in his personal capacity with the executor of the estate of the deceased spouse, except -
15. Prohibition of registration of certain undivided shareA transfer of an undivided share in land which is intended or calculated to represent a defined portion of the land, shall not be registered.
16. Transfer of undivided shares in defined portion of certain landIf any piece of land is owned by two or more persons in undivided shares and such persons have agreed to transfer to one or more of them the share or shares of the other owner or owners in a defined portion of that piece of land, all such owners (including the owner or owners to whom the share or shares are to be transferred) may transfer that portion jointly and in accordance with the prescribed requirements to the person or persons acquiring that portion.
17. Partition of land
18. Requirements where share in land partitioned is mortgaged
19. Partition of land which is subject to certain rights
20. Legal effect of completion of certain acts in terms of sections 18 and 19Upon completion of the endorsements and entries mentioned in sections 18 and 19 the land described in the partition land title and the lease, servitude or other real right (if any) shall be deemed to be mortgaged to the same extent as if they had been burdened with the bond at the time when such bond was signed, and such land shall be deemed to be burdened with such lease, servitude or other real right as if it had been burdened therewith at the time of the registration thereof.
21. Partition of land subject to fideicommissum
22. Certificate of consolidated land title of two or more pieces of land
23. Issue of land title in respect of defined portion of piece of land
24. Rectification of land title
25. Prohibition of certain cancellations except on authority of certain order
26. Subdivision of land into erven in case of townships
27. Registration of bonds
28. Cession of bond to secure future advancesA cession of a mortgage bond or notarial bond passed in order to secure future advances may be registered and the registration of such cession shall not affect the provisions of the mortgage bond or notarial bond relating to future advances up to the amount mentioned in such mortgage bond or notarial bond or the amount as reduced.
29. Prohibition of registration of certain mortgage bonds and notarial bonds
30. Prohibition of passing of bond in favour of agentA mortgage bond shall not be passed in favour of any person as agent of a principal.
31. Bonds passed in favour of two or more persons
Rights of Mortgagees
32. Transfer of mortgaged immovable property
33. Substitution of debtor in respect of bond
34. Consent of mortgagee to registration of merger of rights of mortgagorIf -(a)the lessee of land whose lease has been mortgaged or the holder of a mortgaged real right in land, acquires the ownership of such land;(b)the lessee of a real right in land whose lease has been mortgaged, acquires such right;(c)the owner of mortgaged land which is entitled to a right of servitude in other land, acquires such other land,the acquisition of such land or right shall not be registered unless the mortgagee has consented in writing to the registration.
35. Registration of notarial bond
36. Where notarial bond is to be registeredA notarial bond shall be registered in the registry if the debtor resides or carries on business in the Gebiet.
37. Mortgage bond or notarial bond intended to secure future debts
38. Registration of personal servitudes
39. Joint transactions by fiduciary and fideicommissary
40. Creation, registration and cancellation of praedial servitudes
41. Registration of lease and sublease
42. Registration of termination of registered lease or sublease
43. Prohibition of registration of cessions of unregistered lease or subleaseNo cession of a lease or sublease shall be registered unless such lease or sublease has been registered.
44. Hypothecation of lease or subleaseNo hypothecation of a lease or sublease shall be registered unless such hypothecation is effected by means of -
45. Notarial bond hypothecating lease or sublease
46. Registration of antenuptial contracts
47. Inspection of documents and furnishing of informationThe registrar shall on payment of the prescribed amount and subject to the prescribed conditions allow any person to inspect the public registers and documents kept in the registry and to make copies of or extracts from such registers or documents.
48. Proof of payment of taxes and other moneysThe registrar shall not -
49. Payment of certain amounts to registrar for benefit of State Revenue FundAny amount payable in terms of this Act in respect of the performance of any act shall be paid to the registrar for the benefit of the State Revenue Fund.[section 49 amended by Act 35 of 1994]
50. Notice to registrar of application to courtBefore any application is made to the court for any authority or order contemplating the performance of any act in the registry, the applicant shall give to the registrar at least seven days’ notice before the hearing of such application and the registrar may submit to the court such report thereon as he may deem fit.
51. Issue of copy of lost land title or other document
52. Limitation of liabilityNo act or omission of the registrar or of any officer employed in the registry shall render the registrar or such officer liable for any damage suffered by any person as a result of such act or omission: Provided that if such act or omission is mala fide or if the registrar or such officer has not exercised reasonable care or diligence in the carrying out of his or her duties in connection with such act or omission, the State shall be liable for such damage: Provided further that the registrar or officer guilty of such act or omission, shall be liable to make good any loss or damage resulting therefrom to the State if such act or omission was mala fide.[section 52 amended by Act 35 of 1994]
53. Formal defectsNo act in connection with any registration in the registry shall be invalidated by any formal defect, whether such defect occurs in any deed passed or registered, or in any document upon the authority of which any such deed has been passed or registered or which is required to be produced in connection with the passing or registration of such deed, unless a substantial injustice has, according to a finding in an enquiry held in terms of the provisions of section 54, occurred and such injustice cannot be remedied by virtue of an order issued in such enquiry.
55. Compliance with provisions of lawsNo deed or document shall be registered unless the registrar is satisfied that the provisions of any applicable law have been complied with.
56. RegulationsThe Minister may make regulations relating to -
57. Repeal of sections 1(d) and 7bis of Proclamation 2 of 1921 of South West AfricaSection 1(d) of the Land Titles Proclamation 1921 of South West Africa, in so far as it relates to land in the Gebiet, and section 7bis of the said proclamation are hereby repealed.
58. Substitution of section 102A of Act 47 of 1937, as inserted by section 13 of Act 3 of 1972The following section is hereby substituted for section 102A of the Deeds Registries Act, 1937:“58. Application of this Act to South West AfricaThis Act and any amendment thereof, save sections 70 to 74bis, inclusive, and sections 84 and 85, shall apply also in the territory of South West Africa, including the Eastern Caprivi Zipfel, but excluding the Rehoboth Gebiet as described in section 6 of the Rehoboth Self-Government Act, 1976.”.[The section number “58” in the substituted section is incorrect; it should be “102A”.]
59. Amendment of Second Schedule to Act 47 of 1937, as amended by section 40 of Act 43 of 1957, section 37 of Act 43 of 1962, section 8 of Act 61 of 1969 and section 14 of Act 3 of 1972The Second Schedule to the Deeds Registries Act, 1937, is hereby amended by the substitution for paragraph (i) of the following paragraph:“(i) by the deeds registry at Windhoek, the territory of South West Africa, excluding the Rehoboth Gebiet as described in section 6 of the Rehoboth Self-Government Act, 1976.”.
60. Short title and commencementThis Act shall be called the Registration of Deeds in Rehoboth Act, 1976, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.[Act 35 of 1994 contains the following transitional provision in section 6:][“Any transfer of land effected in the deeds registry referred to in section 2 of the principal Act [Act 93 of 1976] since the date of Namibia’s independence, and before the commencement of this Act [Act 35 of 1994], shall not be invalid by reason only that such transfer was effected without the submission of -][(a) the document referred to in subparagraph (i) of paragraph (b) of subsection (2) of section 13 of that Act [Act 93 of 1976], before the deletion of that subparagraph by section 2 of this Act [Act 35 of 1994]; or][(b) the document referred to in section 48 of the principal Act [Act 93 of 1976], before the substitution of that section by section 3 of this Act [Act 35 of 1994].”]
History of this document
23 April 2021
Repealed by Deeds Registries Act, 2015
15 July 1996 this version
13 December 1994
07 April 1982
26 November 1976
30 June 1976
18 June 1976
Cited documents 6
Documents citing this one 52
- Namibia Government Gazette dated 1993-08-25 number 697
- Namibia Government Gazette dated 1993-12-22 number 770
- Namibia Government Gazette dated 1994-12-13 number 995
- Namibia Government Gazette dated 1995-03-03 number 1040
- Namibia Government Gazette dated 1996-07-10 number 1352
- Namibia Government Gazette dated 1998-09-08 number 1948
- Namibia Government Gazette dated 2000-07-19 number 2377
- Namibia Government Gazette dated 2000-12-22 number 2455
- Namibia Government Gazette dated 2000-12-22 number 2456
- Namibia Government Gazette dated 2001-12-29 number 2678
- Namibia Government Gazette dated 2004-12-23 number 3357
- Namibia Government Gazette dated 2007-04-13 number 3824
- Namibia Government Gazette dated 2007-07-03 number 3870
- Namibia Government Gazette dated 2010-07-16 number 4524
- Namibia Government Gazette dated 2012-06-13 number 4963
- Namibia Government Gazette dated 2013-06-21 number 5229
- Namibia Government Gazette dated 2013-12-19 number 5367
- Namibia Government Gazette dated 2015-12-31 number 5913
- Namibia Government Gazette dated 2017-04-13 number 6286
- Namibia Government Gazette dated 2017-05-26 number 6311
- Namibia Government Gazette dated 2017-06-30 number 6351
- Namibia Government Gazette dated 2017-07-07 number 6355
- Namibia Government Gazette dated 2018-04-24 number 6578
- Namibia Government Gazette dated 2018-11-01 number 6755
- Namibia Government Gazette dated 2018-11-02 number 6757
- Namibia Government Gazette dated 2019-02-22 number 6847
- Namibia Government Gazette dated 2021-04-23 number 7514
- Namibia Government Gazette dated 2021-06-25 number 7561
- Namibia Government Gazette dated 2022-02-04 number 7739
- Namibia Government Gazette dated 2022-02-11 number 7745
- Namibia Government Gazette dated 2022-02-25 number 7756
- Bastergemeente v Government of the Republic of Namibia and Others (SA 5 of 1995)  NASC 6 (14 May 1996)
- Beukes and Others v Engelbrecht and Others (PA 21 of 2005)  NAHC 27 (5 August 2005)
- Jarman v Morkel (HC-MD-CIV-ACT-DEL- 1046 of 2020)  NAHCMD 327 (1 July 2022)
- Municipal Council of Walvis Bay v Job (HC-MD-CIV-ACT-CON- 3745 of 2019)  NAHCMD 549 (30 November 2020)
- REHOBOTH BASTERGEMEENTE and Another v Government of the Republic of Namibia and Others (APPEAL 163 of 1993)  NAHC 6 (22 October 1993)
- Rehoboth Town Council v Rehoboth Baster Gemeente and Others (APPEAL 101 of 2014)  NAHCMD 63 (9 March 2017)
- Van Rooi v Town Council of Rehoboth and Others (APPEAL 133 of 2014)  NAHCMD 317 (30 October 2014)
Law Reform Report 3
- Aspects of Family Law: The Abolition of Marital Power and Equalization of Rights between Spouses
- Discussion Paper on Issues relating to the Insolvency Act, 1936
- Report on the Repeal of Obsolete Laws
- Agricultural (Commercial) Land Reform Act, 1995
- Agricultural Land Act (Rehoboth), 1981
- Deeds Registries Act, 2015
- Flexible Land Tenure Act, 2012
- Land Survey Act, 1993
- Local Authorities Act, 1992
- Town Planning Ordinance, 1954
- Townships and Division of Land Ordinance, 1963
- Traditional Authorities Act, 2000
- Transfer Duty Act, 1993
- Water Resources Management Act, 2013