Lockdown level 4: To move or not to move

Note: The article was updated on May 14, 2020

Short update Movement between provinces:

Those who need to cross provincial boundaries to move homes, must have the following with them:

–          A lease agreement or property transfer documents indicating why they have to move

–          A police-issued permit.

Click here to get a copy of the relevant permit: Form For Moving

Note: You will have to go to the police and request the station commander, or the person duly authorised, to grant the moving permit after you have filled out all requested details.

On May 2, 2020, Caxton Local Media reported:

With the step-by-step relaxation of South Africa’s lockdown having commenced, many residents scheduled to move homes within the next week are wondering whether they will be allowed to do so.

The issue is not explicitly addressed in government’s level 4 lockdown regulations. Yesterday (May 1, 2020) during Minister Fikile Mbalula’s Department of Transport level 4 lockdown regulation briefing, director general Alec Moemi addressed the issue. His comments, however, were unclear and have not been absorbed into the latest transport regulations.

Moemi presented the hypothetical scenario of someone who relocates from one province to another to start a new job. Considering the fact that moving companies are not allowed to operate yet, he said: “If you are doing it (moving on your own) during this period (May 1 to May 7), I guess it will be implied in law, and reasonability will suggest that…I guess that in reasonability it could be accepted.”

He added that reasonability is always key in considering the regulations and regulations on the capacity of vehicles and numbers of passengers must be adhered to.

Legal experts agreed that reasonability is important when regulations are interpreted and applied, but have indicated that a “rather safe than sorry” approach should be followed by South Africans involved in relocating until regulations provide guidance.

From May 1 onward, the ban on interprovincial travel that formed part of level 5 lockdown regulations makes room for more exceptions. Previously, the only acknowledged exception was travel for attending a funeral.

The relaxation was confirmed by Minister of Co-operative Governance and Traditional Affairs, Dr Nkosazana Dlamini-Zuma, recently. Persons, who did not spend the past month in the area where they work, are allowed to travel across provincial borders to get back to work. She added that, once universities and schools resume, travel for these purposes will also be allowed. Persons travelling across provincial boundaries to return to work will need to have proof of employment with them.

While the ban on interprovincial travel has been relaxed, restrictions on personal movement will remain in effect during level 4 lockdown.

*Note: This report was updated on May 2, 2020. Caxton Local Media previously reported:

With the step-by-step relaxation of South Africa’s lockdown around the corner, many residents scheduled to move homes within the next week are wondering whether they will be allowed to do so.

The issue is not explicitly addressed in government’s draft regulations for either level 5 or level 4 lockdown. Experts have indicated that a “rather safe than sorry” approach should be followed by South Africans involved in relocating until final regulations provide guidance.

Lockdown level 5 will persist until May 1, when level 4 will commence. This means that until the clock strikes midnight signaling the end of April, South Africans remain bound to the regulations as set out here.

Between now and May 1, limitations on interprovincial travel remain with only one exception, which is interprovincial travel for attending a funeral.Therefore, no interprovincial moving is allowed.

From May 1 onward, there will be room for more exceptions. This was confirmed by Minister of Cooperative Governance and Traditional Affairs, Dr Nkosazana Dlamini-Zuma, recently. Persons who did not spend the lockdown in the area where they work, will be allowed to travel across provincial borders to get back to work. She added that, once universities and schools resume, travel for these purposes will also be allowed. Persons travelling across provincial boundaries to return to work, will need to have proof of employment with them.

While the ban on interprovincial travel has been relaxed, restrictions on personal movement will remain in effect during the next lockdown phase. Its regulations are still in draft form and do not address the issue of moving.

Alicia Heyneke is an attorney, notary and conveyancer at Adams & Adams. She said: “Level 4 restrictions will be only slightly more relaxed than the current level 5 lockdown regulations and, on that basis, one can only assume that non-essential movement will continue to be strictly prohibited. People seeking to relocate would be best advised to put their plans on hold until such time as the final regulations are published, which will hopefully shed light on the issue.”

Gerhard Lourens, director of law firm Gerhard Lourens Incorporated, indicated that the prudent and wise thing to do would be not to move until government has provided clarity on the issue. As a conveyancer, he has advised his clients accordingly.

Another attorney and conveyancer, Schalk de Waal, agreed: “Because the draft regulations do not explicitly allow moving at all (neither within or across provincial lines), I believe prospective movers should wait for clarity from government on this issue before orchestrating a move.”

Another issue closely related to this one is that of contracts. If you simply cannot pay or perform in terms of a contract due to lockdown, what is your legal position?

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