Melanie Coetzee completed here BPROC and LLB degrees at the University of Port Elizabeth before embarking on a paralegal career in the UK for a few years. Upon her return to SA, she articled at the PE-based firm Rushmere and Noah where she also passed her Conveyancing and Notarial exams and was admitted in 2001. Melanie joined the STBB Hout Bay practice, was appointed a Director at the firm in 2010, and has since worked in the Table View office as manager before returning to the Cape Town branch where she heads the Non-Resident and exchange control department as well as the firms’ Bond Cancellation department. In addition, she is the firm’s COVID-19 Compliance Officer and the firm’s FICAA reporting officer. Melanie also trains the real estate industry extensively on various complicated topics which now also includes POPI.

Newsflash | When you may move from or to a home and other new regulations

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
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
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