Abstract:
The South African property process is cumbersome, tedious, and complex mainly since it is a manual paper-based system that involves numerous activities of many disparate firms and organisations in the private sector as well as business processes of regulatory agencies, public sectors departments and other institutions. Although much effort had been made by private organisations to automate pockets of the process, the integration efforts are still founded in paper documents. The purpose of this study was to investigate the conveyancing end-to-end process in South Africa in order to develop a conceptual framework that could be used to eliminate paper and dematerialise the land registration process. The study was guided by the following research question: How can the end-to-end property transfer process be integrated among the different role players to dematerialise property transfers? Seated in the interpretative paradigm, an exploratory study was undertaken. The study followed a multidisciplinary approach which incorporated aspects of records management, supply chain management, land administration management, information technology and payment systems. Nineteen in-depth, semi-structured qualitative interviews were conducted with major organisations and societies (i.e. stakeholders) involved in property exchanges in South Africa. These included the South African Reserve Bank, The South African Deeds Registry, National Treasury, The Law Society of South Africa, The Surveyor General and various vendors which operate within the property sphere. These interviews were analysed using content analysis, and documentary evidence were used to triangulate the data collected. The study revealed that private organisations and banks are more ready to embrace dematerialisation than governmental institutions. The main findings of the study were that a need existed for the integration of information and data from the onset of the property application, dematerialisation in addition to digitisation should be incorporated into e-DRS, there is a need for a centralised information sharing capability, same-day, irrevocable payments must be implemented and biometric information can be used to validate parties involved in each transaction. The findings were used to develop a framework for a dematerialised electronic deeds registration in South Africa, which were further generalised for use in other industries. It is recommended that key supply chain partners are integrated into a land administration system that is hosted by the deeds office. This study is of value to all organisations involved in the property land management administration processes, both in a private and governmental capacity, as well as indigenous tribunals. Recommendations for future studies were made.
