Cap. 55 Art. 45ANotarial corrective act.

(1) Without prejudice to the rights already acquired by third parties and subject to the provisions of this article, a notary shall have, with regard to an inter vivos act in his records, in this article referred to as "the original act", the right to make at any time, a declaratory act rectifying any of the errors or omissions contained therein. The declaratory act, in this article referred to as a "notarial corrective act", shall be preserved and registered in the records of the notary.

(2) A notarial corrective act shall not affect the intention of the parties, their consent given in the original act or any of their personal or real rights emanating therefrom.

(3) A party who agrees with the contents of the notarial corrective act may appear thereon to signify his agreement whether in whole or in part, and in such a case the provisions of sub-article

(9) shall not apply to such party.

(4) A party who has not appeared on the notarial corrective act may appear on a subsequent act published by the same notary and signify his agreement with the contents of the notarial corrective act.

(5) The errors or omissions that may be the subject-matter of a notarial corrective act are the following:

(a) typing or spelling errors;

(b) mistaken numbers in documents of identification;

(c) discrepancies between words and figures;

(d) mistaken currency conversions;

(e) mistakes in tax calculations;

(f) mistakes in the root of title; and

(g) any other matter which the Minister responsible for notarial affairs may by regulations determine.

(6) A note for the registration of the notarial corrective act or a subsequent notarial corrective act shall be filed in the Public Registry in terms of article 50 containing the errors or omissions rectified and whether any of the parties appeared on the corrective act and, in the case of a subsequent corrective act, who appeared thereon.

(7) The Director of Public Registry shall accept a note so filed notwithstanding any provision of this Act or any other law.

(8) The notarial corrective act shall not be effective against third parties until the relative note has been filed in the Public Registry.

(9) The notary shall cause a copy of the notarial corrective act to be sent by registered mail within fifteen days thereof to the present or last known address of the parties to the original act or their agents or representatives or successors in title, but this provision shall not apply to any of the parties who appeared on the notarial corrective act in terms of sub-article (3) or on a subsequent notarial corrective act in terms of sub-article (4).

(10) Except for a party who had signified his agreement in terms of sub-articles (3) or (4), and to the extent that he has done so, the declarations made in a notarial corrective act may be rebutted by any of the parties to the original act or their agents or representatives or their successors in title within the peremptory term of two years from the date of receipt of the copy mentioned in sub-article (9), after which time the declarations on the notarial corrective act shall form an integral part of the contents of the original act.

(11) Such rebuttal shall be made by another declaratory act in the acts of any notary, duly enrolled in the Public Registry in terms of article 50, indicating such rebuttal, in whole or in part, of the notary’s rectification of errors or omissions, and such note of enrolment shall have the effect of annulling the declarations made by the notary in the notarial corrective act, with regard to all the parties to the original act including any party who may have appeared on a notarial corrective act or a subsequent notarial corrective act in terms of sub-articles (3) or (4):

Provided that where the act of rebuttal is in the records of a notary who is different from the one who published the notarial corrective act, a copy of such act of rebuttal shall be sent by registered mail within fifteen days thereof to the notary who published the notarial corrective act or the keeper of his acts.

(12) Where a notary has died or ceased to perform his functions in terms of articles 14 or 15(1), the notarial corrective act may be made by any notary.

(13) Any notarial corrective act purporting to add, reduce, modify or cancel any real or personal rights or to affect the privileged or hypothecary standing or ranking of any creditor shall be null, and may be rebutted in terms of sub-article (11).

(14) A notary who negligently publishes a notarial corrective act or a subsequent corrective act as stated in sub-article (13) shall be liable in damages towards any of the parties or his successors in title adversely affected by such act.