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PROCLAMATIONBY HIS HONOUR GIJSBERT REITZ HOFMEYR, A COMPANION OF THE MOST DISTINGUISHED ORDER OF SAINT MICHAEL AND SAINT GEORGE, ADMINISTRATOR OF THE PROTECTORATE OF SOUTH-WEST AFRICA IN MILITARY OCCUPATION OF THE UNION FORCESWHEREAS it is desirable to make provision for the issue of written registered title to certain lands in this Territory.NOW THEREFORE under and by virtue of the powers in me vested I do hereby proclaim, declare and make known as follows:-
Notwithstanding anything to the contrary contained in the Deeds Registry Proclamation, 1920, or the Regulations framed thereunder, any Company or person who is in possession of or claims title to land lawfully acquired:(a)by virtue of any concession or agreement recognised by or concluded with the late German Government, in so far as such concession or agreement has not been cancelled or repudiated by the provisions of the Concessions Modification and Mining Law Amendment Proclamation, 1920;(b)from any person or Company in lawful possession of or claiming title to land by virtue of a concession or agreement mentioned in clause (a) hereof;(c)from any Native Chief or Tribe;(d)in the territory referred to as the Gebiet (hereinafter called "the Gebiet") in the Agreement contained in the Schedule to the Proclamation of the Administrator dated the twenty-eighth day of September, 1923 (Proclamation No. 28 of 1923), as amended by section fourteen of the Rehoboth Gebiet Affairs Proclamation, 1928 (Proclamation No. 9 of 1928), in such manner as may have been determined by the Kapitein and Raad of the Baster Community of the said Gebiet, and approved by the Administrator;shall in regard to land falling under the provisions of paragraphs (a), (b) and (c) of this section, and may in regard to and falling under the provisions of paragraph (d) of this section apply for and, on compliance with the provisions of this Proclamation, obtain a Certificate of Registered Title and the Registrar of Deeds is hereby empowered and authorised to issue such Certificate in the form “A” set out in the schedule annexed hereto. Any such application in regard to land falling under the provisions of paragraphs (a), (b) and (c) of this section shall be made not later than the fifteenth day of December, 1949, and if such company or person has not made an application in terms of this section by the said date, such company or person shall be deemed to have waived all rights to the ownership of such land under this Proclamation.
Notwithstanding anything to the contrary contained in the Concessions Modification and Mining Law Amendment Proclamation 1920 any Company or person who is in possession of land lawfully acquired within any area, the rights to ownership of which have been cancelled by the above Proclamation, may, on production of a written consent signed by the Administrator, apply for, and on compliance with the provisions of this Proclamation, obtain a Certificate of Registered Title to such land.
The Administrator may cancel without havingrecourse to a Court of Law any agreement or Deed of Sale of land recognised by or concluded with the late German Government if he is satisfied that the conditions thereof have not been complied with. If title to the property affected by any such agreement or deed of sale cancelled by the Administrator is registered in the “Grundbuch’’ or “Landregister” the Registrar of Deeds shall, on production of a written order for the cancellation of the Registered Title to such property, signed by the Administrator, make an endorsement of cancellation against the relative records and entry in the Grundbuch or Landregister or Debt Register, as the case may be, whereupon the free and unencumbered dominium in the land shall vest in the Administration of South-West Africa.
Provided that nothing herein contained shall be deemed to affect in any way the powers and right of the Union Government or the Administrator to repudiate or acknowledge any agreement, contract or deed of sale entered into by the Government of German South-West Africa.Notwithstanding the provisions of Regulation No. 59 of the Regulations framed under the Deeds Registries Act 1918 of the Union Parliament, as applied to this Territory by the Deeds Registry Proclamation 1920, and of the Tariff of Fees and Charges appended to such Regulations, the Fees and Charges for drawing the Certificate mentioned in Sections one and two hereof, including the necessary copy or copies of such deeds and attendance on lodgement, shall be limited to £3.3.0 and in the case of land falling under the provisions of paragraph (d) of section one, to 15s. 0d.
(1)Any Company or person making application for a Certificate of Registered Title under the provisions of paragraphs (a), (b) and (c) of section one or desirous of obtaining a Certificate of Registered Title in respect of land referred to in paragraph (d) of section one and in section two hereof shall apply, in writing, to the Registrar of Deeds for such Certificate.(2)Such application shall be accompanied by:-(a)a diagram in duplicate of the land, certified or approved of by the Surveyor General;(b)the original or certified copy of the concession, agreement or deed of sale of the land, if such document be not already filed in the Deeds Registry, or such other proof of ownership, in the form of affidavit, as the Registrar may require;(c)in the case of land acquired from the late German Government of the Protectorate of South-West Africa a Certificate from the Senior Officer in charge of the Lands Branch of this Territory stating that all the conditions of sale and purchase or other contractual rights and obligations have been complied with, and stating further the balance amount still due to Government to be secured by Mortgage;(d)proof of payment of Transfer Duty on all intermediate sales (if any);(e)proof of payment of Land Taxes and other duties and rates (if any);(f)three copies of a Notice in the Form “B” set out in the Schedule annexed hereto, for approval of the Registrar of Deeds.
(1)The applicant shall insert at his own expense in two consecutive issues of the Gazette, the Notice approved of under Sub-section 2(f) of Section five hereof, and shall furnish the Registrar with a copy of each issue of the newspaper in which such notice appears.(2)The Registrar of Deeds shall post a copy of such Notice for information in some conspicuous place at or in the Deeds Registry.
Every such Certificate of Registered Title shall be prepared by a Conveyancer duly admitted to practise as such in this Territory.
The Administrator may make Regulations not inconsistent with this Proclamation in respect of matters necessary to give due force and effect hereto.
This Proclamation may be cited for all purposes as the “Land Titles Proclamation 1921”.GOD SAVE THE KING.Given under my hand at Windhoek this 11th day of January, 1921.GIJS. R. HOFMEYRAdministrator