Directions were issued today on 7 May 2020 in terms of Section 27(2)(f) of the Disaster Management Act, 57 of 2002 concerning moving residences, published under Government Gazette Number 43293. According to the regulations now issued, persons who entered into leases before or during lockdown, or whose property transfer registered prior to lockdown, may from 7 May 2020 to 7 June 2020 as a once-off move, move to his/her new residence, provided he/she complies with any transport directions which are in place concerning such move- this includes being able to transport goods (such as furniture) and accordingly, moving companies will be able to assist with the transport of goods to the new residence.
Note: The regulations are silent as to whether movement will be permitted if transfer of immovable property occurs during the period of 7 May - 7 June (as it is, the Deeds Office in Cape Town is not yet open for registrations, so it is uncertain at this point at what point transfers will recommence- we await confirmation from the Deeds Office).
In terms of the regulations, a person who may move in terms of the Directions and who needs to move to his new residence must ensure compliance with the following:
-movement of goods is limited to household furniture and effects within the Republic of South Africa as a once-off move to a new place of residence from 7 May 2020- 7 June 2020;
- A permit must be obtained to travel across provincial/metropolitan/district boundaries from the station commander of a police station, or a person designed by the commander, which permit must correspond to Form 1 of the Directions;
- the person must indicate who in the household are required to move (and the person must comply with transport directions); and
- he/she must have in his/her possession the old and new lease agreement, which reflects the expiry of the old lease and the commencement of the new lease; or in the case of transfer of the property, the transfer documents reflecting/confirming the change of ownership/change in place of residence.
Compliance with the law at all times is a must, and all persons moving must ensure that they comply with regulations when moving, and ensure they have all the necessary documents with them when they move. Failure to do so may lead to a fine or possible prosecution.
Should you have any questions in connection with moving of residences, please contact Spence Attorneys at info@spencelaw.co.za or 0817674508.
This article may contain errors and/or omissions. Please refer to the Directions to ensure compliance, and the writer and Spence Attorneys accepts no liability for any errors and/or omissions. (C)