AA - 2020

Amendments:
14 May 2020

DIRECTIONS ISSUED IN TERMS OF SECTION 27(2)(1) OF THE DISASTER MANAGEMENT ACT, 2002 (ACT NO. 57 OF 2002)   ‘MORE FREEDOM TO MOVE HOME AND BUSINESS’  
Government notices No. 43320 [NO: 534]  on 14 May 2020

During level 4 lockdown, the Minister of Cooperative Governance and Traditional Affairs: Nkosazana Dlamini-Zuma, through some poorly drafted regulation notice, published that ‘the movement of persons’ moving house, moving as a result of domestic violence or moving a business to new premises, was allowed up to 7 June 2020….

HOWEVER….  this has now been amended and the ‘deadline’ of 7 June 2020 – is no longer applicable!
Meaning, All these people are now entitled to move, as and when They choose and They can transport Their furniture and effects to the new place of residence or business.

But remember:  if You need to cross provincial, municipal or district boundaries, You will require a permit which can be obtained from the Station Commander at Your nearest Police Station, or Their designated representative.

The Government Gazette Notice [together with the form/Permit to Travel:  can be found here:

To obtain the permit, You will be required to produce:

  • the relevant lease agreements indicating the date of expiry of the old lease or the date of commencement of the new lease, or
  • the proof of purchase of residence and occupation date, or
  • the transfer documents attesting to the change of ownership of the property, or
  • a domestic violence order, or
  • proof of change of new occupation of business premises

You should also have the relevant documents in Your possession when You travel.

END….

 

Author:  STBB
8 May 2020

WHEN YOU MAY MOVE FROM OR TO A HOME AND OTHER NEW REGULATIONS
[or unless something changes in the current lockdown rules]

In two Government Gazettes that were published yesterday, certain measures were announced to ease some of the difficulties experienced by property practitioners and their clients at present. As promised on our social media feed yesterday afternoon, below are short notes. We are aware of the many uncertainties with regard to interpretation of the allowances. Contact us for custom-made assistance with your sale or lease transaction.

Government Gazette 43293  (no 513)
Movement of persons and goods are allowed during Level 4 restrictions, within and across provincial, metropolitan or district boundariesonce-off, in the following circumstances:

  • Where new lease agreements were entered into before or during the lockdown* period: or
  • Where transfer of immovable property was registered before the lockdown period (27 March 2020) as a result of which the seller or purchaser required to change their place of residence;

to relocate to their new place of residence.

In both instances, a permit  must be obtained from the station commander of a police station or the latter’s designated official and at the police stations closest to the address from which the person is moving (not the station closest to where the person is moving to) and must indicate the persons who are part of the household who will be required to move. The tenant, seller, purchaser (as the case may be) must have the relevant lease agreement indicating the date of expiry of the old lease and the date of commencement of the new lease, or the transfer documents attesting to the change in place of residence or change of ownership of property.

(*Note that ‘lockdown’ is limited to the period from midnight on 26 March to midnight 30 April.)

We suggest that you deal with the incoming/outgoing inspections as follows:

  • The most ideal option would be if the Landlord can do his/her own exit/entry inspection as he/she will be able to do so with a permit;
  • If this is not possible, then an attorney could be appointed to assist where possible;
  • If this is not possible, then the parties may agree to allow a virtual inspection, in which event, an Addendum to the Lease may be necessary; and
  • If the parties are unable to reach agreement, then inspection will be performed once all the Covid measures are lifted and the deposit repayment addressed after inspection only.

Government Gazette 43291  (510)
Municipalities and municipal entities are required to perform various legislated functions, including:
Operate certain revenue generating services:

  • payment for licenses;
  • issuing of licenses of vehicles, renewal of drivers’ licenses and roadworthy certificates;
  • municipal trading services, such as water and electricity, property rates, refuse removal, rental payments;
  • issuing of clearance certificates; and
  • meter reading.

Integrated development plans (IDPs)

  • the adoption of integrated development plans (IDPs);
  • convening meetings of council and committees of council to consider any council-related business, including the adoption of IDPs; matters relating to the provision of critical municipal services such as roads and storm water, electricity, municipal health services, municipal environmental services, and waste management services; to ensure that the communities are consulted using media platforms and alternative methods of consultation, instead of contact meetings, to provide comments on the draft IDP and Budget; to ensure that meetings of Development Tribunal and other structures performing similar quasi – judicial functions are held, only where necessary.

You can view the regulations here.
Government Gazette 43293
Government Gazette 43291

Permit to Travel:  Permit to Travel Gov. Gazette notice 43293 of 7May2020

Original article can be viewed here: