In a SCA Judgement, handed down on 17 June 2022, Section 76 of the Govan Mbeki Local Municipality`s and Section 86 of the Emalahleni Local Municipality`s Spatial Planning and Land Use Management Bylaws (SPLUMA) were found to be invalid and unconstitutional.
Conveyancers would no longer be required to obtain and lodge SPLUMA certificates confirming that all Land Use, i.e. zoning, and Building Regulations have been complied with for transfers of properties within the jurisdiction of the said local authorities.
We assume the other local authorities in Mpumalanga might also revisit their Municipal Bylaws to bring them in line with the SCA judgment. We are awaiting a directive from the Mpumalanga Registrar of Deeds in this matter and will communicate on the processes going forward.