A brief summary - Moving Regulations

The Minister of Cooperative Governance and Traditional Affairs published new regulations to replace the Directions on the once-off movement of persons and the transportation of goods for purposes of relocation as GN513 in GG 43293 on the 7th of May 2020 (“the Repealed Relocation Regulations”).

 

The new regulations were published as GN534 in GG 43320 on the 14th of May 2020 (“the New Relocation Regulations”). These regulations firstly repeal the Repealed Relocation Regulations. Secondly they state that persons who need to travel to their new place of residence are permitted to do so during Alert Level 4.

 

 

The purpose of the New Relocation Regulations is to facilitate the movement persons and goods across provincial, metropolitan, or district boundaries. By implication therefore people are not allowed to move across any of these boundaries/areas to a new home except as set out in the regulations.

 

The New Relocation Regulations state in paragraph 2 that cases where a person are relocating to a new place o residence, the movement is necessitated due to domestic violence, or a business is relocating to a new premises are situations which require a change in place of residence.

 

 

The people who need to travel to a new place of residence of business must obtain a permit to cross provincial, metropolitan or district boundaries from the head of court or a person designated by him or her, or the station commander of a police station or a person designated by him or her. The person must indicate (presumably on the permit) the persons who are part of the household who will be required to move, and have in their possession the relevant lease agreements, or proof of purchase and occupation date of a residence, or the transfer documents evidencing change of ownership of property, or a domestic violence order, or proof of change or new occupation of business premises

 

 

All the cut-off dates, with respect to the date on which the property had to have transferred, when the lease had to have been concluded, and by when the move has to take place have all fallen away. As long as a move is required it may be done for the duration of Alert Level 4. Moves necessitated by domestic violence and the relocation of businesses to new premises are also now permitted.

 

What this also seems to mean is that new leases can be concluded and persons can then move in terms thereof. The same appears to apply to the purchase of properties; therefore purchases can in theory be made and moves can also be made to properties even where the transfer has not yet taken place.

 

 

The regulations only cover once-off moves that are necessary. The regulations do not cover travelling between various properties owned by a person, or other non-essential, temporary moves. This is evident from the documentation listed in paragraph 3 which must be in the possession of the person moving. A lease, or a document relating to the transfer of property and occupation thereof are required; these have to do with relocation of a permanent nature, and not temporary or recreational moves.

 

 

It is unclear whether moves within a district, province, or metropole require permits. In this respect it is likely safer to obtain one even though it may not be strictly necessary on the wording of the regulations. The regulations still make no mention of ingoing or outgoing inspections of property; whether these are permitted is an open question, although, in my opinion, on a strict wording of the regulations, they are not permitted. Some SAPS officials have advised otherwise, and therefore it is advisable to speak to a SAPS official to find out what their approach is in the area the move needs to happen. They are, at the end of the day, the ones enforcing the regulations.