Surveyor-General: KwaZulu-Natal

P. O. Box 396, PIETERMARITZBURG, 3200 – 300Pietermaritz Street, PIETERMARITZBURG, 3201

Tel (033) 3552900 - Fax (033) 394 7610 - e-mail:

SG CIRCULAR No.1 of 2013

TO ALL LAND SURVEYORS SUBMITTING SURVEYS TO THE SURVEYOR-GENERAL: KWAZULU – NATAL.

This deals with the PDA approvals in terms of Section 26. Many decisions were taken and procedures formulated in consultation with COGTA. These were passed onto Surveyors as agreements were reached. There have been many requests to consolidate these in one document. Hopefully this is it.

  1. Recommended format for approvals:

See Annexure A and B enclosed. These were drafted as a recommendation for Municipal use and adopted by COGTA. It will be useful in interrogating consents.

  1. Approvals where there were no comments/objections to the applications.

Approvals in terms of Section 26(3) are subject to compliance with the Public notice procedures as set out in Schedule 1 of the Act.Comments can be lodged in terms of 4(2)(1) of Schedule 1. This is an important event as only those who have submitted written comments may appeal the decision (Section 28(1). If no comments were received there can be no appeals. This is then effectively the end of a process.

We have recommended that the Municipalities confirm that no comments (objections) were received in their approval citations. However most do not comply or many mistakenly confirm that no appeals have been lodged. This is incorrect as an appeal can only be lodged after the publication of a decision and cannot therefore be part of the same publication.

We also recommended that Surveyors confirm the “no comment” after consultations with the Municipality or the applicant. This has met with more success. Some add it to their reports others to the submission letters. Locating these require a time consuming search through submitted documents.

Can we agree to have astatement on the submission letters, after the item on lodgement fees, dealing with this?

  1. Approvals where comments/objections were received.

Comments open the door to appeals. In terms of Section 28 only those who commented may appeal.

Appeals are adjudicated by the Appeals Tribunal who may in terms of Section 121(5) uphold, set aside or replace the Municipal decision. Hence any decision, subject to an appeal,should be considered suspended pending the Tribunal decision.

Appeals are lodged with COGTA (the only independent party in this process) who then forward these to the applicants, municipality and objectors.Administrative delays could result in submissions being approved at the SG while notifications of appeals are being processed. It is therefore imperativethat we have independent confirmation that no appeals have been lodged.

We therefore instituted the procedure whereby confirmation is sort via Mr. Chetty ofCOGTA.His contact details are attached in annexure E together with a sample of the notification one should expect. This was covered in an email sent out on 2012.11.28 – a copy is enclosed in annexure D.

  1. Approvals subject to subsequent appeals in terms of Section 28.

These approvals should be dealt with as being “pending” subject to a decision by the Tribunal. These cannot be acted upon until then.

  1. Consent Corrections and Amendments as per Section 26(6).

This Section recognises the need for speedy resolutions to minor errors on the consent.

This has been dealt with in my email dated 2013.03.19 - enclosed as annexures C and D.

  1. Old Issues

These have been addressed on numerous occasions in the past but continue. They contribute to the high rejection rate and increase turnaround times. In brief these are:

  • Fees – please supply a breakdown – phone if unsure. Credits are not encouraged.
  • Reports should be detailed and should specifically cover road/public place closures/withdrawls.
  • If an enquiry on the progress of a job is necessary make it yourself. Do not encourage your clients to phone in. (We will refer them back to you).
  • Cross reference simultaneous Cadastral and Sectional Title submissions – preferably on both submission letter and report.
  1. General.

We have no discretion in the interpretation of these conditions or the ability to overlook non compliance no matter how compelling the need or strong the motivation. Please expect that this Office must act accordingly. Any oversight on our part could raise flags at the Deeds Office or later.

These procedures will only be applicable until the proposed amendments to the Act are passed. The month for this event has been confirmed – not the year! Revisions of this circular may be necessary at that time. Some of the present procedures may be legislated.

C. Ramiah

2013.07.03

Departement van Grondsake - Kgorôyatŝa Naga - UmnyangowezoMhlaba