New conveyancing procedures regarding

  • Subdivision and consolidation of land
  • Removal of restrictive title conditions
  • Registration and removal of servitudes
  • Registration of sectional title schemes
  • Establishment of townships

in terms of SPLUMA*

  • focusing on the City of Johannesburg– NEW manual
  • focusing on the City of Tshwane – revised content of the May 2016 manual
    * Spatial Planning and Land Use Management Act 16 of 2013

Relevant to ALL conveyancers

Conveyancing procedures applicable to all registration acts, as listed in the subtitles of the seminar topic above, are affected by SPLUMA, its regulations and the by-laws promulgated by municipalities in terms thereof. Conveyancers mistakenly believe that SPLUMA only relates to township establishment, but that is not the case. Township establishment is only one of five registration acts affected by SPLUMA. The content of these manuals are therefore relevant to every single conveyancer who deals on a regular basis with matters like subdivisions, consolidations, removal of restrictive title conditions, registration and removal of servitudes and, most importantly, the registration of sectional title schemes.

Focus of these manuals

The focus of these two manuals is –

  • on the City of Johannesburg's Land Use Management By-Law, which was promulgated on 3 August 2016 and came into operation on 1 September 2016 ; and
  • on the City of Tshwane's Land Use Management By-Law, which came into operation on 2 March 2016.

What is SPLUMA all about?

  • The Spatial Planning and Land Use Management Act ("SPLUMA") came into operation on 1 July 2015 and the Regulations to the Act came into force on 13 November 2015, bringing about fundamental changes to spatial planning and land use management in South Africa.
  • SPLUMA creates a regulatory framework for spatial planning and land use management for the entire country. The spatial development frameworks should therefore be prepared and adopted by national, provincial and/or municipal spheres of government and the different frameworks should be consistent with each other.
  • Although consistency and uniformity are created, each municipality will be regulated by its own by-laws.

Why are there different procedures for different regions?

SPLUMA devolves spatial planning to municipalities. As a result each municipality has its own by-law for regulating spatial planning. Gauteng does not have a provincial Act, as the Western Cape and KwaZulu-Natal do. However, the three large metropolitan cities will each eventually have its own by-law. (The City of Tshwane was the first to have aby-law, which was promulgated on 2 March 2016.)

What are being dealt with?

In a nutshell the following aspects, are being dealt with:

  • Part 1 – an exposition of SPLUMA and its regulations – of generic application to all provinces, towns and cities in South Africa
  • Part 2 – a comparison between the relevant city's (Johannesburg/ Tshwane) new by-law and the old Ordinances 15 of 1986
  • Part 3 – an exposition of the new procedures pertaining to the five subtopics mentioned in the seminar title above relating to each city's by-law

Please note that each manual deals with either one of these two cities and not to both.

Compiled by Monique Oosthuizen

Monique Oosthuizen is an attorney, conveyancer and notary public practising in Pretoria. She has recently been appointed as a lecturer for the Centre for Conveyancing Practice and her main responsibility is the development and presentation of seminars. She has 11 years' experience as a conveyancer and notary public and has shown great commitment to training during this period. For the past three years she has practised for her own account under the name of Monique Oosthuizen Attorneys. Before that, she worked for seven years as a conveyancer and notary public at De Villiers Pheiffer Attorneys and for one year at Jacques van der Merwe Maja Inc. She did her articles at De Wet du Plessis Attorneys and Verryn Attorneys in Pretoria.

Co-worker – Nicolene le Roux

Nicolene le Roux is the Acting Executive Director: Built Environment and Enforcement for the City of Tshwane but her substantive position is that of Director: Development Compliance and Support in City Planning and Development. She has served on the National Co-ordinating Forum for the Spatial Planning and Land Use Management Act 16 of 2013; the Implementation Team for the National Department of Rural Development and Land Reform, as well as the Provincial Co-ordinating Forum for the Implementation of the Gauteng Planning and Development Act.

She was part of the team that assisted in the drafting of amendments to the Spatial Planning and Land Use Management Act, co-ordinated through the Parliamentary Portfolio Committee that dealt with both SPLUMA and the Regulations under the Act. She drafted the Land Use Management By-law, 2016, for the City of Tshwane. This by-law was promulgated on 2 March 2016 in compliance with the Spatial Planning and Land Use Management Act. She is a contributor to a book entitled Citizens' Guide to Town Planning, published by the City of Johannesburg. Her comments on new legislation have been published in magazines like Earthworks. She guest-lectured at Wits University and is now a guest lecturer on SPLUMA at the University of Pretoria, presenting courses for Master's students and short courses on real estate planning. She holds a law degree as well as other qualifications related to development management and labour relations.

Coordinator – Alwyn Nortjè

Alwyn Nortjè is the Senior Legal Adviser: Group Legal & Contracts (Sustainable Services) at the City of Johannesburg Metropolitan Municipality. He has served as a member of the National SPLUMA Forum and the Gauteng SPLUMA Implementation Forum; and is chairman of and legal advisor to the Municipal Planning Tribunal. He drafted the City of Johannesburg’s Municipal Planning By-laws, which is expected to be promulgated in June/July 2016 in compliance with SPLUMA and is legal advisor to the City of Johannesburg, its municipal entities and more specifically to the Development Planning Department which includes Legal Administration, Land use Management, City Transformation, Building Control, Outdoor advertising and the MMC: Development Planning.

He holds a law degree; a Master’s degree with his dissertation in Public and Constitutional Law: “A municipality’s executive authority to do municipal planning”; qualifications related to development management and he is an admitted Advocate of the High Court of South Africa. He championed the following constitutional court matters: COJ v Gauteng Development Tribunal and others; Minister of Local Government, Environmental Affairs and Development Planning, Western Cape v The Habitat Council and others; Minister of Local Government, Environmental Affairs and Development Planning, Western Cape v City of Cape Town (City of Johannesburg as amicus curiae) and Walele v City of Cape Town (City of Johannesburg as amicus curiae).

Coordinator – Gawie le Roux

Gawie le Roux is an attorney, conveyancer and entrepreneur. He is also the director of the Centre for Conveyancing Practice and its sister entity, the Centre for Legal Compliance. He has established himself in legal training through his study notes on conveyancing practice and the lectures he has presented at various centres throughout the country for over 20 years to prepare attorneys and candidate attorneys for the conveyancing examination. Under his guidance a successful course has been developed for preparing candidates for the notarial examination. Gawie is also involved in the property market as an active investor. He is the managing director of two private property investment companies.

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R790 - One set
R990 - Combined set

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