Deeds registry to go digital

THE deeds registry process would be conducted electronically as part of the ongoing ease of doing business reforms being championed by the Government.

The provision for online deeds registration is contained in the Deeds Registry Amendment Bill of 2016, which seeks to amend the existing Deeds Registry Act that governs and regulates property ownership such as stands and houses.

Once approved the proposed regulation is set to revolutionise business operations particularly issues around property ownership transfers.

The Parliamentary Portfolio Committee on Justice and Legal Affairs is conducting public hearings on the Bill where it seeks stakeholder input on the proposed legislation.

Briefing participants in Bulawayo last Wednesday committee member and Harare West MP, Jessie Majome, said adopting electronic registry system was an inevitable reality in the digital era.

"The registrar may establish an electronic registry for which purpose, notwithstanding anything to the contrary in this act; the Registrar may digitise every register, deed, document or other record under his or her charge," she said.

Majome said the registrar may, in terms of Sections 92 and 93 of the Bill, register users of the electronic registry to allow them access to the electronic registry for research and information gathering purposes only.

"The use of the electronic registry shall be restricted to registered users, but such use shall not interrupt or prejudice the continued use of the paper-based deeds registry by users who are not so registered; and 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 88."

She said registered users would be required to sign a user agreement that helps to keep passwords safe and maintain trustworthy among users.

Apart from spelling out how title could be transferred from one person to another, Majome said the Bill removes the power of commissioners of oaths to legal practitioners, notaries of public and appointed justices so as to increase security.

Public policy research expert Dr Samukele Hadebe said due diligence would need to be taken in handling digital processes through a system of thorough verification to avoid abuse. An official from the Surveyor General's office said digitising the deeds registry should be harmonised with other relevant players such as local authorities, Zimra and the Ministry of Lands, who are key players in the process. Another participant Mr Butler Tambo said given the limitations of the electronic system, it would require constant updating. He also raised reservation on Section 100, which curtails access and use of deeds information by the media for instance, saying this would encourage corruption and underhand dealings.

Mr Michael Charamba said an electronic deeds registry will create an interface between buyers and sellers. Countries like South Africa have used the electronic system a long time and it is wise for the country to adopt it in order to move to the digital world of doing business.