We have just read the latest Government Gazette (43293), published this afternoon, Thursday 7 May 2020.

We are pleased to report that from this day, anyone who needed to move house (1) as a result of the start of a new lease agreement, or (2) as a result of a transfer of a property that was registered prior to lockdown, can now do so. This right extends during Level 4 until 7 June 2020.

In addition, the rights of people to return home after being stranded at other places at the start of the lockdown is now also entrenched and the right to transport goods within SA is confirmed.

This is indeed good news for landlords and tenants who were locked down in homes after their leases had ended, and for buyers and sellers where transfers have been registered. But the regulation is not all good.

Firstly, it does not allow the move between commercial premises, as it applies only to a change of residence.

Secondly, it does not allow for buyers and sellers who are required to move before the registration of a transfer. The transfer must already have been registered.

Thirdly, if the move will entail the crossing of provincial, municipal or even district boundaries, a permit will be required from the Station Commander of a Police Station (or his delegate). To obtain this permit, the applicant will have to produce the following documents:

• The lease agreements, to show the expiration of the old one and the commencement of the new; or
• Proof of purchase of the new home and the occupation date, or transfer documents showing the change of ownership.

A copy of the permit can be viewed here.

While this is only a small step, we hope it is an indication of the direction in which our Government is moving.

Warmest regards,
Miltons Matsemela Inc