Movement of goods and persons as of 14 May 2020

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Movement of goods and persons as of 14 May 2020

 

The latest Regulations gazetted on 14 May 2020, relating to the movement of goods and persons in terms of the Disaster Management Act, 57 of 2002, have repealed the previous Regulations issued on 7 May 2020. In our earlier article titled ‘Did you enter into a new lease agreement or transfer property before lockdown? Good news: movement of persons and goods allowed from 7 May 2020 to 7 June 2020‘, we spoke to the old Regulations issued on 7 May 2020. This article will address the new position pertaining to the movement of goods and persons as at 14 May 2020.

The new Regulations have widened the ambit of persons and/or goods that may, on a once-off basis, move across provincial, metropolitan or district boundaries during the period of Alert level 4.

While previously only those who had entered a lease before or during the ‘hard’ lockdown (being the period between 23h59 on 26 March 2020 until 23h59 on 30 April 2020) could move. This has now been expanded and includes:

  1. Persons who are relocating to a new place of residence;
  2. Persons who need to move due to domestic violence; and
  3. Businesses who are relocating to a new premises.

PLEASE NOTE: This is not a blanket concession. To make such a once-of movement the person/s must:

  1. Obtain a permit to travel across provincial, metropolitan or district boundaries from the head of court or a person designated by him or her, or the station commander of a police station or a person designated by him or her. The permit must correspond with Form 1; and

 

  1. Indicate the persons who are part of the household who will be required to move; and

 

  1. Have in his or her possession the following:

 

  • The relevant lease agreements indicating the date of expiry of the old lease or the date of commencement of the new lease; or
  • The proof of purchase of residence and occupation date; or
  • The transfer documents attesting to the change of ownership of property; or
  • A domestic violence order; or
  • Proof of change or new occupation of business premises.

 

What goods can I take with me?

Household or office furniture and effects only.

Can I move within a metropolitan/district?

The directives do not make it clear whether a permit is required if the person is moving within a metropolitan or district area. The directives state that a permit must be obtained to ‘travel across provincial, metropolitan or district boundaries.’ Furthermore, the permit itself is titled ‘permit to travel to another province, metropolitan area or district’.

What type of transport can I use?

Both public and private can be used. However, the directives issued by the Minister of Transport regarding measures of social distancing and sanitisation, must be strictly applied.

 

Should you require any legal assistance regarding the above, please contact Marie-Lou Gillespie at MGillespie@dacct.co.za. 

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