A problem often encountered by practitioners and examiners alike pertains to when documents required as proof by the Registrar may be certified as a true copy by a conveyancer or notary public, and when they must be certified as a true copy by the Government Office in which such a document has been filed or recorded.
Regulation 20(7) of the Deeds Registries Act 47 of 1937 provides as follows in this regard:
"Not withstanding anything in this regulation contained, the Registrar may in his discretion accept for record any copy of a document which is filed or recorded in any Government office: Provided that such copy has been certified to be a true copy by or on behalf of the head of such office or by a conveyancer or by a notary public: Provided further that in the case of a diagram it has been certified by the Surveyor-General, and in the case of a will, codicil or other testamentary document it has been certified a true copy by the Master."
It is evident from the above regulation that the only copy of a document filed or recorded in any Government Office that may not be certified a true copy by a conveyancer or notary public is a diagram, which has to be certified a copy by the Surveyor-General, and a will or codicil, which must be certified a true copy by the Master (note that an attorney is not included).
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