From 7 May onwards, any person that wants to move house due to the commencement of a new lease agreement or owing to the transfer of a property that had been registered before the lockdown is now permitted to do so.

Such right was at first just applicable until 7 June 2020, but is now relaxed indefinitely.   Moreover, people who wish to return home after being stuck in unfavourable locations may now return home, and people may now also transport goods within South Africa.

There had been grievances which the lockdown had caused for landlords and tenants alike as well as for buyers and sellers where transfers have been registered which are now eased with the new regulations. However, the new regulation is not without its own challenges. Since the relaxation of the regulations on 14 May, movement between commercial premises is now also allowed. It makes no allowances for buyers and sellers who are necessitated to move prior to the registration of a transfer. The transfer itself must have already been registered. Should the move encompass the crossing of provincial, municipal or district boundaries, a permit is needed from the Commander of a Police Station or his delegate. In order to attain said permit, the applicant must provide: the lease agreements to demonstrate the expiration of the old agreement and the commencement of the new agreement; or proof of purchase of the new home and the date of occupation, or transfer documents illustrating the change of ownership.

Contact Salomé van Wyk for further advice.