To Spluma or not to Spluma
Any person who wanted to sell their home has been exposed to the requirements set out by the Steve Tshwete Local Municipality. A judgement was passed the High Court of Mpumalanga on 13 January 2021, Case Number: 2607/2019.
To quote from the Judgement:
“The application concerns the constitutionality, validity and enforceability of some sections of Municipal By-laws relating to the restriction of transfer and registration of immovable properties on the basis that:
1.1 the provisions infringe Section 25(1) of the Constitution in that they constitute an arbitrary deprivation of the right to alienate property;
1.2 the provisions fall outside the legislative competence of municipalities as contemplated in Section 156 of the Constitution; and
1.3 the provisions conflict with national legislation, namely Section 118 of the Local Government: Municipal Systems Act, 32 of 2000 (the “MSA”) or with the Spatial Planning and Land Use Management Act, 16 of 2013 (“SPLUMA”). “
Members are advised to peruse the Judgement and contact the STLM or your Estate Agent for information on the current situation. For a copy of the Judgement,
please go to our website www.middelburginfo.com: Environmental and Other,
or contact Sandy at secretary@middelburginfo.com