To Spluma or not to Spluma

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