In the Mpumalanga Province, removal of restrictions is effected in terms of Section 2 and 3 of the Removal of Restrictions Act 84 of 1967.
The following documents must be lodged in the deeds office for the purposes of registration of the application in terms of Act 84 of 1967:
- Gazette; and
- Title deed.
Where a municipality has passed its land use management by-law, the removal of restrictions will be effected in terms of Section 47 of SPLUMA to the effect that the application will be carried out in terms of the relevant By-law read with the Removal of Restrictions Act.
Applications submitted within the transitional period between 1 July 2015 and the date of commencement of the relevant by-law, e.g. 24 February 2016 in the case of Emalahleni Municipality; 10 July 2015 in the case of Mbombela Municipality, etc. must be finalised in terms of the Removal of Restrictions Act 84 of 1967 subject to SPLUMA.
Section 51 Of the Mbombela By-Law on Spatial Planning and Land Use Management provides as follows:
- Mpumalanga Metropolitan Municipality (MLM) may, on its own accord or on application by notice in the Provincial Gazette, amend suspend or remove, either permanently or for a period specified in the notice and either unconditionally or subject to any condition so specified, any restrictive condition.
- An applicant who wishes to have a restrictive condition amended, suspended or removed must apply to MLM for the amendment, suspension or removal of the restrictive condition in the manner provided for in Chapter 6.
In terms of Section 52(1) the application for endorsement of the title by the Registrar of Deeds must be accompanied by the following documents:
- a copy of the original title deed;
- a copy of the original letter of approval; and
- a copy of the notification of the approval.
Wiseman Bhuqa, Law Lecturer
Legal Support & Deeds Training
For the initial introduction see: Removal of restrictions - I
For Provincial examples see:
Removal of restrictions - II (KwaZulu-Natal)
Removal of restrictions - III (Gauteng)
Removal of restrictions - V (Free State, Eastern Cape and Limpopo)
Removal of restrictions - VI (Western Cape)
Removal of restrictions - VII (Northern Cape and North West)