Case Decision - 353065

In terms of section 37(1)(a) of the KwaZulu-Natal Amafa and Research Institute Act, Act No. 5 of 2018:

“No structure which is, or which may reasonably be expected to be, older than 60 years, maybe demolished, altered or added to without the prior written approval of the Institute having been obtained on written application to the Institute.” This was also a listed property.

The work undertaken is in contravention of section 37(1)(a) as stated. 

After consideration of your application for condonation, the committee resolved to impose a fine of R10 000 for the illegal work undertaken, for the following reasons:

1. There was wilful disregard for the law because the owner knew the process since she already had to do a rectification application for another building older than 60 years in the same street. She was aware of the legal process.
2. In the application it was stated that although the building had Victorian attributes, the applicant/architect thought that functionality was more important than the shape or style. This is not legally, the applicants position to make such a decision, it is the provincial heritage resources agency’s responsibility.