SA’s 2025 Law: Property Buyers To Disclose Race, Gender, and Nationality

As of Saturday, 5 April 2025, South Africa has enacted a new requirement under the Deeds Registries Amendment Regulations, 2025, mandating that property buyers submit demographic information—race, gender, citizenship, and nationality—during deed registration.

Managed by the Department of Agriculture, Land Reform and Rural Development, this change updates the Deeds Registries Act of 1937 and falls under the Deeds Office, which oversees the nation’s property records.

Published in Government Gazette No. 52219 on 5 March 2025 and detailed in Chief Registrar’s Circular No. 3 of 2025, the policy aims to collect statistical data on property ownership demographics.

The amendment’s stated purpose is to allow the government to track land and property ownership trends across South Africa. The Department of Agriculture, Land Reform and Rural Development has clarified that this data, gathered via a new Form LLL, is intended “for statistical and land audit purposes only.”

According to the entity, this measure supports national efforts to address apartheid’s legacy of unequal land distribution by clarifying current ownership patterns. Backed by Amendment 18 of the Deeds Registries Act of 1937, the regulation stems from a Deeds Registries Regulations Board recommendation, approved by the Minister, to modernise land reform strategies.

What’s New?

The regulation introduces key changes effective 5 April 2025:

·         Mandatory Form LLL: Buyers must submit Form LLL with lodgements for land, mortgage, and notarial bond transactions, listing race, gender, citizenship, and nationality. For companies or trusts, this applies to majority shareholders, members, or beneficiaries.

·         Process: The form accompanies the lodgement cover sent to the Deeds Office. After recording the data for statistics, the form is returned to the conveyancer and excluded from public title deeds.

·         Scope: The rule applies to all new property registrations, ensuring full data collection without impacting ownership rights.

·         Implementation: Announced over a month ago, this aligns with efforts to digitise records, including the Electronic Deeds Registration System.

How Does It Affect You?

For property buyers and conveyancers, the change is procedural, not substantive. As of 5 April 2025, submitting Form LLL becomes a routine step, requiring only demographic details alongside standard documents.

Moreover, the Deeds Office stores this information internally, keeping it off public records and ensuring no effect on transaction costs. Legal experts expect little disruption, with the step integrated into the transfer process. The department stresses that this administrative requirement neither alters property rights nor restricts ownership.

To read the full gazette, click here.

However, the policy has sparked varied reactions, with many social media users decrying the inclusion of race in land purchase requirements, while others back the move. Amid anger, disbelief, and support, this is not the only law recently introduced in South Africa.

In late January 2025, President Cyril Ramaphosa signed the Preservation and Development of Agricultural Land Bill into law, a step overshadowed by the divisive Expropriation Act, which permits property seizure without compensation in specific cases.

Replacing the Subdivision of Agricultural Land Act of 1970, the new bill aims to preserve farmland for food production and economic growth, creating a national framework for sustainable land management. Agriculture Minister John Steenhuisen hailed it for protecting key farmland and enhancing food security, while the Presidency tied it to goals for resource management and sectoral progress.

However, the Freedom Front Plus (FF Plus) has voiced strong objections, warning that the bill could give the government undue sway over farming decisions, possibly imposing practices that limit farmers’ independence.

The party fears that, combined with the Expropriation Act, it might enable racially targeted land redistribution, a concern heightened by stiff penalties for non-compliance—such Stampa as fines for using farmland for non-agricultural purposes. The FF Plus urged farmers to join public participation efforts to counter a government they claim leans toward centralised control, especially given its expropriation stance.

Moreover, the Preservation and Development of Agricultural Land Bill’s focus has been overshadowed by the Expropriation Act’s global criticism, with U.S. President Donald Trump examining South Africa’s land policies, signalling major international concern.

The dynamic between these laws (agricultural and expropriation) has also ignited wider discussions on land use, property rights, and racial equity, dividing opinions on whether they will bolster South Africa’s agricultural future or lead to government excess and economic strain.

To read more, click here.

Reflecting on the above, the government frames these as steps toward progress, yet fears of overcontrol and minority persecution, fuel intense debate among citizens and stakeholders. Success depends on aligning these reforms with public trust and effective execution that benefits all South Africans.

What are your thoughts on the above? Share your views in the comments section below?