Applicable legislation
38(4)
Decision Date
Decision Status
Case Decision

The SAHRA Deveopment Applications Unit (DAU) notes the proof of consultation submitted to the case file on 26 March 2025. The SAHRA DAU has noted the commitments made that the concerned families do not have an objection to the development, including installation of pole EH20/13/60. The conditions of consent imposed by the consultation that:

"This consent shall only be valid if the construction process does not disrupt the condition, nature and processes of the heritage site . The works shall be monitored to mitigate the impact of the installation process and to ensure compliance with the National Heritage Resource Act (Act 25 of 1999)" is applicable. As such, the SAHRA DAU has no objection on condition that the Developer complies with the conditions imposed by both the consultations and the following:

The applicant is advised of the following: 

  • If any evidence of archaeological sites or remains (e.g. remnants of stone-made structures, indigenous ceramics, bones, stone artefacts, ostrich eggshell fragments, charcoal and ash concentrations), fossils or other categories of heritage resources are found during the proposed development, SAHRA Development Applications Unit (DAU) (John Pakwe / 0638941979) must be alerted as contemplated by section 35(3) of the NHRA. Non-compliance with section of the NHRA is an offense in terms of section 51(1) of the NHRA and item 5 of the Schedule;
  • If unmarked human burials are uncovered, the SAHRA DAU (John Pakwe: [email protected] / 0638941979) must be alerted immediately in terms of section 36(6) of the NHRA. Non-compliance with section of the NHRA is an offense in terms of section 51(1)e of the NHRA and item 5 of the Schedule;
  • See section 51(1) of the NHRA regarding offenses;
  • If heritage resources are uncovered during the course of the development, a professional archaeologist or palaeontologist, depending on the nature of the finds, must be contracted as soon as possible to inspect the heritage resource. If the newly discovered heritage resources prove to be of archaeological or palaeontological significance, a Phase 2 rescue operation may be required subject to permits issued by SAHRA.