Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013)Chapter 5 : Land Use Management32. Enforcement of land use scheme |
| (1) | A municipality may pass by-laws aimed at enforcing its land use scheme. |
| (2) | A municipality may apply to a court for an order— |
| (a) | interdicting any person from using land in contravention of its land use scheme; |
| (b) | authorising the demolition of any structure erected on land in contravention of its land use scheme, without any obligation on the municipality or the person carrying out the demolition to pay compensation; or |
| (c) | directing any other appropriate preventative or remedial measure. |
| (3) | A municipality— |
| (a) | may designate a municipal official or appoint any other person as an inspector to investigate any non-compliance with its land use scheme; and |
| (b) | must issue each inspector with a written designation or appointment in the prescribed form, stating that the person has been appointed in terms of this Act. |
| (4) | When an inspector contemplated in subsection (3) performs any function of an inspector in terms of this Act, the inspector— |
| (a) | must on request produce his or her written designation or appointment; and |
| (b) | may not be a person having a direct or indirect personal or private interest in the matter to be investigated. |
| (5) | An inspector contemplated in subsection (3) may, subject to subsection (8)— |
| (a) | enter any land at any reasonable time without previous notice for the purpose of ascertaining an issue required to ensure compliance with this Act; |
| (b) | question any person who is or was on or in such land, either alone or in the presence of any other person, on any matter to which this Act relates; |
| (c) | require from any person who has control over or custody of a book, record or other document on or in such land, to produce to the inspector forthwith, or at such time and place as may be determined by the inspector, such book, record or other document; |
| (d) | examine any such book, record or other document or make a copy thereof or an extract therefrom; |
| (e) | require from such a person an explanation of any entry in such book, record or other document; |
| (f) | inspect any article, substance, plant or machinery which is or was on the land, or any work performed on the land or any condition prevalent on the land, or remove for examination or analysis any article, substance, plant or machinery or a part or sample thereof; |
| (g) | seize any book, record or other document or any article, substance, plant or machinery or a part or sample thereof which in his or her opinion may serve as evidence at the trial of any person charged with an offence under this Act or the common law: Provided that the user of the article, substance, plant or machinery concerned, as the case may be, may make copies of such book, record or document before such seizure; and |
| (h) | direct any person to appear before him or her at such time and place as may be determined by the inspector and question such person either alone or in the presence of any other person on any matter to which this Act relates. |
| (6) | When an investigator enters any land in terms of subsection (5), a person who controls or manages the land must at all times provide such facilities as are reasonably required by the inspector to enable him or her to perform his or her functions effectively and safely under this Act. |
| (7) | When an inspector removes or seizes any article, substance, plant, machinery, book, record or other document as contemplated in subsection (4)(f) or (g), he or she must issue a receipt to the owner or person in control thereof and return it as soon as practicable after achieving the purpose for which it was removed or seized. |
| (8) | An inspection of a private dwelling may only be carried out by an inspector when authorised in terms of a warrant issued by a competent court. |
| (9) | An inspector may, where necessary, be accompanied by a police official or any other person reasonably required to assist him or her in conducting the inspection. |
| (10) | An inspector may issue a compliance notice in the prescribed form to the person who controls or manages the land or the owner or person in control of a private dwelling if a provision of this Act has not been complied with. |
| (11) | A compliance notice remains in force until the relevant provision of the Act has been complied with and the inspector has issued a compliance certificate in respect of that notice. |
| (12) | An inspector who enters and searchers any land or private dwelling under this section, must conduct such search or seizure with strict regard for decency and order, and with regard for each person’s right to dignity, freedom, security and privacy. |