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29 Apr 2021 12:00 am
This week: Non POPI compliant residential developments to face hefty fines; Safe harbour is a positive catalytic change to conveyancing sector; and a Memorandum on the objects of the Land Court Bill, 2020.
POPI: Non-compliant residential developments to face hefty fines
South Africa - PropertyWheel
Community housing schemes, like sectional title schemes, apartment blocks, residential estates, and retirement villages, must comply with the Protection of Personal Information (POPI) Act by the 1st of July 2021 or they could be liable for a fine of up to R10 million, says specialist sectional title attorney and BBM Law director, Marina Constas.
“Trustees in sectional title schemes and directors of homeowners associations are responsible for ensuring their development’s POPI compliance and should have a well advanced POPI plan of action by now,” Constas stresses, adding that the penalty for non-compliance is a fine of up to R10 million- or twelve-months’ imprisonment.
“By now, every community housing scheme should have a POPI policy; or be close to finalising this important document. They should have appointed an information officer who is the POPI oversight representative of the scheme; amended their rules, if necessary, to comply with POPI; and they should have POPI agreements with stakeholders like auditors and managing agents who have access to the personal information of owners and tenants,” she advises.
Safe harbour is a positive catalytic change to sector
UK – Today’s Conveyancer
The coronavirus pandemic has accelerated the projects which have seen technology adopted to help make processes more efficient.
The legal sector, and specifically the area of conveyancing has been no different.
It has been over a month since HM Land Registry (HMLR) released their “Digital Identity Standard” which enables home buyers to provide the identification check to conveyancers electronically.
Mike Harlow, General Counsel, Deputy Chief Executive and Deputy Chief Land Registrar has been working with people within the organisation to see how HMLR can introduce digital tools to the land registration process in a way that enables the conveyancing market to benefit as a whole.
He doesn’t want HMLR to appear as a “drag anchor” on the introduction of digital processes within the conveyancing process, but in fact have a “positive catalytic effect on the market and support positive development enabling conveyancing to become faster, better informed, more efficient and secure.”
Memorandum on the objects of the Land Court Bill, 2020
South Africa - Parliamentary Monitoring Group
This Bill aims to: provide for the establishment of a Land Court and a Land Court of Appeal; make provision for the administration of the courts and the judicial functions of the courts; make provision for administrative and budgetary matters relating to the courts; provide the courts with exclusive jurisdiction to adjudicate disputes arising from certain Acts of Parliament; provide for referral by Court for mediation or arbitration in respect of certain matters; amend certain laws relating to the adjudication of land matters by courts; and provide for matters connected therewith.
Parliamentary Monitoring Group