Disaster Management Act Regulations: Movement of Persons and Goods

The Department of Co-Operative Governance and Traditional Affairs has published Regulations relating to the movement of persons and goods withing and across provincial, metropolitan or district boundaries during Level 4 of the national lockdown.

These apply to tenants of lease agreements and home buyers who needed to move to new leased premises or homes but were prevented from doing so because of the lockdown.

According to Notice 513 in Government Gazette 43293 the movement of persons and goods are applicable between the dates of 7 May 2020 and 7 June 2020 where the transfer of immovable property occurred before the lockdown requires a change in place of residence, including the transport of goods to a new place of residence within the borders of the country.

A person who intends to do so must obtain a permit to travel across provincial, metropolitan or district boundaries from the station commander of a police station or a person designated by him or her. The permit must correspond to Form 1 to these Directions, indicate the persons who are part of the household who will be required to move, and have in his or her possession the relevant lease agreement indicating the date of expiry of the old lease and the date of commencement of the new lease, or the transfer documents attesting to the change in place of residence or change of ownership of property.

The Gazette provides:

(a) The movement of persons and goods, where –

(i) new lease agreements were entered into before or during the lockdown period: or

(ii) the transfer of immovable property occurred before the lockdown period,

requires a change in place of residence. including the transport of goods to a new place of residence, within the Republic.

(b) The circumstances in subparagraph (a) require the once -off movement of persons who are relocating to their new place of residence, as permitted in terms of regulation 16(5): and

(c) The transport of goods within the Republic is permitted in terms of regulation 22(1)(f).

The once -off movement of persons and transportation of goods

3. (a) A person who needs to travel to his or her new place of residence and to transport goods, which are limited to household furniture and effects, as required by the circumstances in paragraph 2 of these Directions, is permitted to do so between the period 7 May 2020 to 7 June 2020.

(b) A person referred to in subparagraph (a) must

(i) obtain a permit to travel across provincial, metropolitan or district boundaries from the station commander of a police station or a person designated by him or her The permit must correspond to Form 1 to these Directions;

(ii) indicate the persons who are part of the household who will be required to

move; and

(iii) have in his or her possession the relevant lease agreement indicating the

date of expiry of the old lease and the date of commencement of the new

lease, or the transfer documents attesting to the change in place of residence

or change of ownership of property.

Public and private transport

4. A person referred to in paragraph 3 who makes use of public or private transport must adhere to the relevant Directions issued by the Minister of Transport.

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