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Race Rules Fight Against Deeds Office Escalates

Dear Editor

The DA has written to Land Minister Mzwanele Nyhontso demanding that he withdraws new race rules in Deeds Offices across South Africa, and that he immediately halts their enforcement.

This new rule, against which the DA is fighting, requires parties involved in a property transfer to declare their race in writing, or risk having their transaction rejected.

The DA strongly believes that these regulations are an invasion and infringement of every property transferee’s right to privacy and personal information. Parties trying to get their transactions through the Deeds Offices are understandably raising fears on what this information will be used for. Transfers over the past days which do not include completed racial classification forms (known as “LLL” forms) are being thrown out of Deeds Offices.

To fight this, the DA is obtaining legal advice, with a view to challenging this new Regulation, and by appealing to Minister of Land Reform and Rural Development, to see reason and immediately withdraw the implementation of this regulation.

The DA holds that this regulation is both unconstitutional and beyond the legal powers afforded to the Minister under the Deeds Registries Act of 1937. It is unacceptable to subject South Africans to disclose personal information under threat of a “denial of service.”

The Protection of Personal Information Act (POPIA) also makes it clear that data collection must be proportionate, necessary, and accompanied by adequate safeguards, of which this new Deeds Office rule falls foul.

The DA supports a fair, inclusive, and lawful land reform programme. However, we will not stand by while seemingly unconstitutional regulations are used to undermine property rights and trample on individual freedoms.

Regards

Mlindi Nhanha MP
DA Spokesperson on Land Reform & Rural Development

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