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News & Press: 2020 News Items

Changes in legislation you should be aware of

Saturday, 01 February 2020  
Posted by: Bert vd Heever
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National Building Regulations and Building Standards Act 103 of 1997 — constitutionality of section 9

The City of Johannesburg Metropolitan Municipality (City) applied to the ConCourt for confirmation of a declaration of invalidity made by the High Court of South Africa, Gauteng Division, Pretoria (High Court).

"The issue here was whether a Review Board, established in terms of the National Building Regulations and Building Standards Act and at national government level, can validly adjudicate appeals against decisions of the municipality to approve plans?

On 7 June 2018, the Constitutional Court handed down a judgment in which it confirmed an order of the High Court of South Africa, Gauteng Local Division, Johannesburg (High Court) declaring section 9 of the National Building Regulations and Building Standards Act 103 of 1977 (the Act) unconstitutional and invalid."(1)

Click here to continue reading the summation of the case on LexisDigest.

In a recent CIfA Newsflash, the Cape Institute for Architecture advised their members that: "The Constitutional Court declined to give retrospective effect to its finding on the unconstitutionality of s.9, permitting all the then-current cases before the Review Board to be brought to finality (in effect, then, the Review Board is defunct except to the extent that it might yet still be wrapping up its last few cases).

As new legislation hasn’t yet happened, our advice in our recent News Flash stands that if there is disagreement between an Applicant and the municipal Building Control Officer(s), then the only recourse is to take the municipality on review proceedings in the High Court."

Click here for the full judgement of the ConCourt.

(1) LexisDigest provides a "bird's-eye-view" of what's happening in the conveyancing profession.


Updated Ergonomic Regulations

At the BEPG meeting held on 24 Jan 2020 it was agreed that the attached ‘updated Ergonomic Regulations, 2019,’ gazetted in terms of the Occupational Health And Safety Act, 1993 ,would be disseminated to the BEPG members for onward distribution to their VA members. The ASAQS wishes to share this update with it's members.