Case Decision - 360749

FINE FOR WILFUL DISREGARD OF THE LAW
Your application for the condonation of alterations/additions/demolition on Portion 65 of Erf 3134 being at 9 Norrie Avenue, Durban North was considered by the KwaZulu-Natal Amafa and Research Institute Heritage Officer’s Committee on 11/12/2024. 

However, an application was also made for new or proposed work which was submitted. It was discovered that the owner allowed the construction of a new garage at the front of the property which were part of application for new work, which was not yet approved. 

The architect stated that the client was notified at the beginning of submitting the plans to the municipality that she must make an application to the KZN Amafa & Research Institute before continuing with any building on her property. 

The architect stated that the newly built garage was constructed after a site visit to their client to inform her, to first do an application to the Amafa Research Insitute, which was ignored.

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, may

be demolished, altered or added to without the prior written approval of the Institute having

been obtained on written application to the Institute.”

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 of the law. 

The letter for condonation of illegal work as well as the permit for new work, will only be issued, once the client has paid the fee of R10 000 (which is not the administrative fee for previous illegal work).