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Appearing before the Lesetedi Land Commission yesterday, Principal Assistant Deeds Registrar - Doreen Serumola - said the Lands Division of the Attorney General’s Chambers would be better placed to explain the circumstances that warranted the urgencies. In the end, she conceded that the system that has been in place at the Deeds Registry until last year was susceptible to abuse. Under the arrangement, state counsels could take up cases of clients buying land from the state and arrange the transfer of the land with the Registrar of Deeds. She said it normally takes six days for deeds to be executed by her office. If all documents are flawless, it would take an even shorter time, she said.
However, last week a private lawyer Dick Bayford said it could take up to six months to obtain a title deed from the Deeds Registry.
Serumola had difficulty explaining the circumstances that would justify the urgency of a land title deed application. She said medical or business venture reasons would necessitate the urgency, though she was unable to elaborate further. Instead, she reasoned that it was her “belief” that state attorneys got the necessary documentation from clients that explained the urgency. “I trust the Lands Division. I trust that they critically assessed what the applicant had advanced as reasons such that it would not allow the system to be abused,” she said.
She told the Commissioners that until last year, the practice was that lawyers from the AG’s Chambers would either phone or come to the Deeds Registry and convey the message that applications for their clients were urgent. On the other hand, lawyers in private practice were required to submit letters that justified the urgency. However, with effect from last year, the Registrar of deeds has required the same from the Attorney General’s Chambers. Serumola said before then, state attorneys were just given preferential treatment as a “sister department”.
Another interesting case was that of Busy Five (Pty) Ltd, owners of Molapo Crossing Mall. When the land for the Mall was transferred, it was put in the name of Hi-tech Pty (Ltd). Asked to explain this strange development Serumola had this to say: “It is a mistake that occurred when the transfer duty was paid at the transfer office”. Enclosed with the application were resolutions of the Hi-tech board, which the Commissioners said was unnecessary. Serumola agreed but was unable to explain why the application was allowed to pass with such irrelevant documents. The three-man Commission sitting at Boipuso Hall in Gaborone will continue its hearings today. The Commission, which is meant to probe land allocations in Gaborone, is chaired by Justice Isaac Lesetedi.
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