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Conveyancing Correspondent | Agri law update: NTCSA declared a statutory body under SALA

Recently, the Minister of Agriculture published a notice declaring the Eskom National Transmission Company of South Africa (‘NTCSA’), a wholly-owned subsidiary of Eskom, to be a statutory body under section 1(c) of the Subdivision of Agricultural Land Act (‘SALA’), effective 25th July 2025.

Critically, this designation exempts the NTCSA from complying with certain provisions of SALA that ordinarily regulate the subdivision and use of agricultural land to preserve its economic viability. For instance, ministerial consent is generally required prior to any subdivision, registration of servitudes, or long-term lease involving agricultural land.

The declaration aligns NTCSA’s position with Eskom’s exemption as a statutory body under a 2006 Registrar’s Conference Resolution. Accordingly, transmission line servitudes in NTCSA’s favour will no longer require ministerial consent. The exemption, however, does not extend to substations, which will still require approval if located in Protected Agricultural Areas due to their significant impact on productive farmland.

For certainty, the notice imposes various additional conditions:

  • Transmission lines must be located within registered servitude areas that grant access for maintenance and construction purposes;
  • Tower placement must be carefully planned to mitigate environmental impact;
  • Landowners and local communities must be consulted to reach agreements concerning transmission line routes;
  • Vegetation within a specified radius must be cleared; and
  • The construction and operation of transmission lines must comply with prescribed technical standards.

From a development and commercial perspective, the reclassification is expected to ease certain land-related regulatory prerequisites for financing and implementing energy transmission projects.

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