Kwa-Zulu Natal Amafa and Research Institute Act, 2018

Jurisdiction: South Africa · KwaZulu-Natal
Citation: Act 5 of 2018
Date: 14 December 2018
Language: English
Type: Legislation
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Subject areas > Arts and Culture

KwaZulu-Natal
South Africa

Kwa-Zulu Natal Amafa and Research Institute Act, 2018

Act 5 of 2018

Published in KwaZulu-Natal Provincial Gazette 2029 on 14 December 2018
Assented to on 21 November 2018
Commenced on 14 December 2018
[This is the version of this document from 14 December 2018 and includes any amendments published up to 4 April 2024.]

ACTTo recognise the establishment of the KwaZulu-Natal Amafa and Research Institute as the provincial heritage resources authority for the Province in terms of section 23 of the National Heritage Resources Act, 1999; to amalgamate Amafa aKwaZulu-Natali established in terms of the KwaZulu-Natal Heritage Act, 2008, and the Chief Directorate: Heritage within the Office of the Premier, KwaZulu-Natal, within the KwaZulu-Natal Amafa and Research Institute; to identify, conserve, protect, manage and administer heritage resources and to conduct both basic and applied research to generate relevant knowledge and contribute solutions to challenges within the field of heritage in the Province; to determine the objects, powers, duties and functions of the Institute; to determine the manner in which the Institute is to be managed, governed, staffed and financed; and to provide for matters connected therewith.(English text signed by the Premier)

RECOGNISING THAT-(a) “provincial cultural matters” are functional areas of exclusive Provincial legislative competence;(b) “cultural matters” are functional areas of concurrent National and Provincial legislative competence;(c) this legislation aims to-(i) promote good management of the Provincial estate;(ii) enable and encourage communities, through the KwaZulu-Natal Amafa and Research Institute, to nurture and conserve their legacy so that it may be bequeathed to future generations; and(d) our heritage-(i) is unique and precious, and cannot be renewed;(ii) helps us to define our cultural identity and, therefore, lies at the heart of our spiritual well-being and has the power to build our nation;(iii) has the potential to affirm our diverse cultures, and in so doing shape our Provincial character, and unite us in our diversity;(iv) celebrates our achievements and contributes to redressing past inequities;(v) educates, deepens our understanding of society and encourages us to empathise with the experience of others; and(vi) facilitates healing and material and symbolic restitution and promotes new and previously neglected research into our rich oral traditions and customs;BE IT ENACTED by the Provincial Legislature of the Province of KwaZulu-Natal, as follows:-

Chapter 1
Definitions

1. Definitions

In this Act any word or expression to which a meaning has been assigned in the National Heritage Resources Act, 1999 (Act No. 25 of 1999), must, unless clearly inappropriate, bear that meaning, and, unless the context indicates otherwise-“Accounting Standards Board” means the Accounting Standards Board as defined in section 1 of the Public Finance Management Act, 1999 (Act No. 1 of 1999);“alter” means any action affecting the structure, appearance or physical properties of a place or object, whether by way of structural or other works, by painting, plastering or other decoration or any other means;“Constitution” means the Constitution of the Republic of South Africa, 1996;“Council" means the Council of the KwaZulu-Natal Amafa and Research Institute constituted in terms of regulation 2(3) of the KwaZulu-Natal Amafa and Research Institute Regulations and referred to in section 5(2);“Department” means the Office of the Premier of KwaZulu-Natal or, where the Premier has assigned the administration of this Act to a Member of the Executive Council, the department in the Provincial Government of KwaZulu-Natal for which that Member of the Executive Council is responsible;“ecofact” means non-artefactual organic or environmental remains that may reveal aspects of past human activity;"excavation" means the scientific excavation, recording and retrieval of archaeological deposits and objects through the use of accepted archaeological procedures and methods, and "excavate” has a corresponding meaning;“Executive Council" means the Executive Council of the Province of KwaZulu-Natal;“export” has the meaning as defined in the Customs and Excise Act, 1964 (Act No. 91 of 1964);“financial year” means the period from 1 April in any year to 31 March of the following year;“Gazette" means the official Provincial Gazette of KwaZulu-Natal;"Head of Department” means the Director-General or, where the Premier has assigned the administration of this Act to a Member of the Executive Council, the most senior officer of the department in the Provincial Government of KwaZulu-Natal for which that Member of the Executive Council is responsible;“Head of Secretariat and Administration" means the Head of Secretariat of the Council and the Head of Administration of the Institute appointed in terms of section 20(1);"Heritage Landmark site” means a site on which the special protection of Heritage Landmark status has been conferred in terms of section 44(2);“Heritage Object" means an object on which the special protection of Heritage Object status has been conferred in terms of section 49;“heritage site” in relation to the Province of KwaZulu-Natal, means-(a)a Heritage Landmark site;(b)a Provincial Landmark site; or(c)those heritage resources referred to in sections 42, 43,44 and 45;“institute” means the KwaZulu-Natal Amafa and Research Institute established in terms of regulation 2(1) of the KwaZulu-Natal Amafa and Research Institute Regulations and referred to in section 5(2);“intangible heritage” means the intangible aspects of inherited culture, and may include-(a)cultural tradition;(b)oral history;(c)performance;(d)ritual;(e)popular memory;(f)skills and techniques;(g)indigenous knowledge systems; and(h)the holistic approach to nature, society and social relationships;“KwaZulu-Natal Provincial House of Traditional Leaders” means the KwaZulu-Natal Provincial House of Traditional Leaders established in terms of section 32 of the KwaZulu-Natal Traditional Leadership and Governance Act, 2005 (Act No. 5 of 2005);“KwaZulu-Natal Amafa and Research Institute Regulations” means the KwaZulu- Natal Amafa and Research Institute Regulations, 2018, made in terms of section 23 of the National Heritage Resources Act, 1999 (Act No. 25 of 1999), read with section 26 thereof;“local authority” means-(a)a municipality; or(b)a traditional Institute established in terms of section 6 of the KwaZulu-Natal Traditional Leadership and Governance Act, 2005 (Act No. 5 of 2005);“Member of the Executive Council responsible for finance” means the Member of the Executive Council of the Province of KwaZulu-Natal responsible for finance;“Monarch” means the Monarch for the Province of KwaZulu-Natal, being the person holding office as the King of the Zulu nation, the King of AmaZulu, Ingonyama or Isilo;“municipality” means a municipality contemplated in section 155 of the Constitution, and established by and under sections 11 and 12 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), read with sections 3, 4 and 5 of the KwaZulu- Natal Determination of Types of Municipality Act, 2000 (Act No. 7 of 2000), and “district municipality” and "metropolitan municipality” have a corresponding meaning;“National Heritage Resources Act" means the National Heritage Resources Act, 1999 (Act No. 25 of 1999);“plan" means any plan envisaged by the KwaZulu-Natal Planning and Development Act, 2008 (Act No. 6 of 2008) or the Spatial Planning and Land Use Act, 2013 (Act No. 16 of 2013) and any other town and land use planning legislation applicable to the Province of KwaZulu-Natal;“political office bearer” includes a public office bearer and means-(a)a member of the National Assembly, the National Council of Provinces or the Cabinet;(b)a member of a provincial legislature or of the Executive Council of a province;(c)a municipal councillor;(d)a diplomatic representative of the Republic who is not a member of the public service;(e)a member of a house of traditional leaders; or(f)a national or provincial office bearer of a political party, organisation, body, alliance or movement registered in terms of section 15 or 15A of the Electoral Commission Act, 1996 (Act No. 51 of 1996);“Premier" means the Premier-in-Executive Council of the Province of KwaZulu-Natal as contemplated in section 125 of the Constitution;“prescribed” means prescribed by regulation under section 58, and “prescribe” has a corresponding meaning;“Province” means the Province of KwaZulu-Natal established in terms of section 103 of the Constitution;“Provincial Government" means the government of the Province of KwaZulu-Natal;“Provincial Landmark site" means a site on which the special protection of Provincial Landmark status has been conferred in terms of section 45;“Provincial Legislature” means the Legislature of the Province of KwaZulu-Natal;“Provincial Revenue Fund” means the fund established for the Province of KwaZulu- Natal by section 226 of the Constitution;“Provincial Treasury” means the treasury established for the Province of KwaZulu- Natal in terms of section 17 of the Public Finance Management Act, 1999 (Act No. 1 of 1999);“Public Finance Management Act” means the Public Finance Management Act, 1999 (Act No. 1 of 1999);“public service” means the public service contemplated in section 8 of the Public Service Act, 1994 (Proclamation No. 103 of 1994);“regulations" means regulations made under section 58;“responsible Member of the Executive Council” means the Premier of the Province of KwaZulu-Natal or that Member of the Executive Council of the Province of KwaZulu- Natal to whom the Premier has assigned the administration of this Act;“Royal Family" means the Monarchs and their consorts, from the time of Nkosinkulu, recognised as such according to Zulu customary law and customs; and“this Act” includes the regulations.

Chapter 2
Application of Act

2. Application of Act

(1)This Act applies to-

(a)the identification, conservation, protection, management and administration of heritage resources; and

(b)the conduct of both basic and applied research to generate relevant knowledge and contribute solutions to challenges within the field of heritage in the Province.

(2)

(a)This Act must be read and implemented in conjunction with the KwaZulu-Natal Amafa and Research Institute Regulations, the National Heritage Resources Act and the National Heritage Institute Act, 1999 (Act No. 11 of 1999).

(b)Where this Act does not regulate a matter pertaining to the Institute as the provincial heritage resources authority for the Province or the protection or management of heritage resources in the Province, the provisions of the KwaZulu-Natal Amafa and Research Institute Regulations, the National Heritage Resources Act and the National Heritage Institute Act, 1999, apply in the Province and any reference to “provincial heritage resources authority” in the National Heritage Resources Act must, unless clearly inappropriate, be construed as reference to the Institute.

Chapter 3
General principles pertaining to heritage resources and role of responsible Member of Executive Council in heritage matters

3. General principles pertaining to heritage resources

The responsible Member of the Executive Council and the Institute must uphold the general principles referred to in Part 1 of Chapter 1 to the National Heritage Resources Act which apply to the actions of the spheres of provincial and local governments in respect of the management of heritage resources in the Province.

4. Roles of responsible Member of Executive Council in research and heritage matters

(1)Having regard to the co-ordinating role of the national government in heritage matters, the responsible Member of the Executive Council must, in the spirit of co-operative government referred to in Chapter 3 of the Constitution, endeavour to promote and facilitate the research into, the administration and management of, heritage matters and resources in the Province within the framework of national policy and programmes in respect of heritage matters and resources.

(2)In addition to the other powers vested in the responsible Member of the Executive Council by this Act, the responsible Member of the Executive Council must, after consultation with the Institute, and with due regard to national heritage policy and programmes, determine heritage policy and programmes in the Province.

Chapter 4
KwaZulu-Natal Amafa and Research Institute

5. Establishment of KwaZulu-Natal Amafa and Research Institute

(1)The establishment of an Institute to be known as the KwaZulu-Natal Amafa and Research Institute is determined in regulation 2(1) of the KwaZulu-Natal Amafa and Research Institute Regulations.

(2)The Institute is governed by, and acts through, the Council as contemplated in regulation 2(3) of the KwaZulu-Natal Amafa and Research Institute Regulations.

6. Objects of Institute

The objects of the institute are to-

(a)conduct basic and applied research for the Province, to generate knowledge and address challenges and seek solutions to better the lives of persons in the Province;

(b)disseminate knowledge and solutions generated by research to identified organisations, communities or persons; and

(c)ensure the-

(i)identification;

(ii)conservation;

(iii)protection;

(iv)management; and

(v)administration,

of the heritage resources of the Province under its jurisdiction and generally, with due regard to national and provincial heritage policy and programmes, to promote and co-ordinate heritage conservation for the benefit of present and future generations.

7. Powers, duties and functions of Institute

(1)The Institute must-

(a)identify, conserve, protect, manage and administer heritage resources in the Province;

(b)conduct applied research to contribute to finding solutions to cultural challenges in heritage and history which impact on society;

(c)conduct basic research to generate and widen horizons of discipline-specific knowledge;

(d)disseminate research findings to relevant consumers;

(e)monitor and evaluate the performance of programmes and projects;

(f)consider national and provincial heritage policy and programmes and submit comments and recommendations to the responsible Member of the Executive Council;

(g)provide for, and facilitate-

(i)the implementation, delivery and co-ordination of heritage policy and programmes;

(ii)community and stakeholder involvement in heritage matters; and

(iii)a sound working relationship with all heritage bodies, in the Province; and

(h)contribute to redress past inequities by promoting previously neglected heritage resources;

(i)with due regard to national and provincial heritage policy and programmes, advise the responsible Member of the Executive Council on-

(i)existing and proposed heritage policy in the Province;

(ii)achieving operational uniformity of heritage programmes in the Province;

(iii)any physical heritage-related matter in relation to which the responsible Member of the Executive Council requests advice;

(iv)any matter related to intangible heritage; and

(v)its contribution towards South Africa’s attainment of any targets or goals required in terms of the United Nations Convention on Education, Science and Culture and any other international conventions, treaties, agreements or instruments on Heritage to which South Africa is a signatory; and

(j)assist the Department in communicating decisions and relevant information on heritage matters in the Province to departments in the Provincial Government, municipalities and heritage forums in the Province, and the public by means of meetings, workshops, notices, and other published and electronic media;

(k)liaise with national and provincial departments, statutory bodies and organisations concerned with heritage matters;

(l)perform the functions and carry out the duties and responsibilities imposed by this Act; and

(m)perform any other function or carry out any other duty imposed on the Institute by any other law.

(2)The Institute is accountable to the Council as the accounting authority of the Institute in terms of the Public Finance Management Act and must-

(a)exercise the duty with utmost care to ensure reasonable protection of the assets and records of the Institute;

(b)act with fidelity, honesty, integrity and in the best interests of the Institute in managing the financial affairs of the Institute;

(c)on request, disclose to the executive authority responsible for the Institute or the legislature to which the Institute is accountable, all material facts, including those reasonably discoverable, which in any way may influence the decisions or actions of the executive authority or the legislature;

(d)seek, within the sphere of influence of that accounting authority, to prevent any prejudice to the financial interests of the state;

(e)ensure and maintain-

(i)effective, efficient and transparent systems of financial and risk management and internal control; and

(ii)a system of internal audit under the control and direction of an audit committee complying with, and operating in accordance with, regulations and instructions prescribed in terms of sections 76 and 77 of the Public Finance Management Act; and

(aa)an appropriate procurement and provisioning system which is fair, equitable, transparent, competitive and cost-effective; and

(bb)a system for properly evaluating all major capital projects prior to a final decision on the project;

(f)take effective and appropriate steps to-

(i)collect all revenue due to the Institute;

(ii)prevent irregular expenditure, fruitless and wasteful expenditure, losses resulting from criminal conduct, and expenditure not complying with the operational policies of the Institute;

(iii)manage available working capital efficiently and economically; and

(iv)comply with any tax, levy, duty, pension and audit commitments as required by legislation;

(g)take effective and appropriate disciplinary steps against any employee of the Institute who-

(i)contravenes or fails to comply with a provision of the Public Finance Management Act;

(ii)commits an act which undermines the financial management and internal control system of the Institute; or

(iii)makes or permits an irregular expenditure or a fruitless and wasteful expenditure; and

(h)promptly inform the National Treasury on any new entity which the Institute intends to establish or in the establishment of which it takes the initiative, and allow the National Treasury a reasonable time to submit its decision prior to formal establishment;

(i)comply, and ensure compliance by the Institute, with the provisions of the Public Finance Management Act and any other legislation applicable to the Institute;

(j)exercise any power conferred by any other provision of this Act or any other law; and

(k)in relation to the objects and work of the Institute, make recommendations to the responsible Member of the Executive Council with regard to legislation and policies in the Province.

(3)The Institute may-

(a)provide for and facilitate the establishment of research, educational, training, interpretative and tourism-related projects and programmes;

(b)in a manner consistent with the Public Finance Management Act, and in the exercise of its powers or the performance of its duties and functions under this Act, for specific projects, enter into contracts for the services of persons having technical or specialised knowledge of any matter relating to the work of the Institute;

(c)levy fines for any transgressions in terms of section 37, 38, 39, 40, 44, 45 and 49;

(d)determine fees, payable to the Institute, for-

(i)the processing of any application or approval in terms of this Act; and

(ii)the provision of any service by the Institute; and

(e)determine fees including, but not limited to, entrance fees in relation to the exhibition or display of physical heritage resources by the Institute;

(f)exhibit or display any physical heritage resource under the control of the Institute and receive fees prescribed or otherwise determined by the Institute in relation to any such exhibition or display; and

(g)generally, do everything which is necessary or expedient to achieve its objects referred to in section 6 and to perform the duties and carry out the functions referred to in subsection 1.

(4)The Institute must, in addition to the powers, duties and functions referred to in subsections (1) to (3), perform the duties and carry out the functions imposed on a provincial heritage resources authority in terms of the National Heritage Resources Act.

8. Annual report and financial statements

(1)The Council must-

(a)keep full and proper records of the financial affairs of the Institute;

(b)prepare financial statements for each financial year in accordance with generally accepted accounting practice, unless the Accounting Standards Board approves the application of generally recognised accounting practice for the Institute;

(c)submit those financial statements within two months after the end of the financial year to the Auditor-General for auditing, subject to the provisions of Public Finance Management Act; and

(d)submit, within five months of the end of a financial year, to the Provincial Treasury and the responsible Member of the Executive Council-

(i)an annual report on the activities of the Institute during that financial year;

(ii)the financial statements for that financial year after the statements have been audited; and

(iii)the report of the Auditor-General on those statements.

(2)The annual report and financial statements referred to in subsection (1)(d) must-

(a)fairly present the state of affairs of the Institute, its business, its financial results, its performance against predetermined objectives and its financial position as at the end of the financial year concerned;

(b)include particulars of-

(i)any material losses through criminal conduct and any irregular expenditure and fruitless and wasteful expenditure that occurred during the financial year;

(ii)any criminal or disciplinary steps taken as a consequence of such losses or irregular expenditure or fruitless and wasteful expenditure;

(iii)any losses recovered or written off;

(iv)any financial assistance received from the state and commitments made by the state on its behalf; and

(v)any other matters that may be prescribed; and

(c)include the financial statements of any subsidiaries.

(3)The Council must submit the report and statements referred to in subsection (1)(d) for tabling in the Provincial Legislature, to the responsible Member of the Executive Council.

9. Constitution and composition of Institute

The composition of the Council is determined in regulation 3 of the KwaZulu-Natal Amafa and Research Institute Regulations.

10. Term of office of member of Council

The term of office of members of the Council is determined in regulation 4 of the KwaZulu- Natal Amafa and Research Institute Regulations.

11. Nominations for membership of Council

The nominations for membership of the Council is determined in regulation 5 of the KwaZulu-Natal Amafa and Research Institute Regulations.

12. Declaration of financial or other interests by nominees to Council

The declaration of financial or other interests by nominees to the Council is determined in regulation 6 of the KwaZulu-Natal Amafa and Research Institute Regulations.

13. Failure of member of Council to declare financial or other interests

The failure by members of the Council to declare financial or other interests is determined in regulation 7 of the KwaZulu-Natal Amafa and Research Institute Regulations.

14. Recusal of member of Council

The recusal by members of the Council is determined in regulation 8 of the KwaZulu-Natal Amafa and Research Institute Regulations.

15. Vacancies, removal and resignation from office of members of Council

The vacancies within the Council and the removal and resignation of members of the Council is determined in regulation 9 of the KwaZulu-Natal Amafa and Research Institute Regulations.

16. Meetings of Council

The procedure for meetings of the Council is determined in regulation 10 of the KwaZulu- Natal Amafa and Research Institute Regulations.

17. Committees of Council

The appointment of committees of the Council is determined in regulation 11 of the KwaZulu-Natal Amafa and Research Institute Regulations.

18. Administrative and secretarial work of Council

The performance of administrative and secretarial work of the Council is determined in regulation 13 of the KwaZulu-Natal Amafa and Research Institute Regulations.

19. Remuneration of members of Council and reimbursement of expenses incurred by members of Council and committees of Council

The remuneration of members of the Council and reimbursement of expenses incurred by members of the Council and committees of the Council is described in regulation 14 of the KwaZulu-Natal Amafa and Research Institute Regulations.

Chapter 5
Head of Secretariat and Administration and staff of Institute

20. Head of Secretariat and Administration

(1)The Council must, in consultation with the responsible Member of the Executive Council, appoint a suitably qualified, skilled and experienced person as Head of Secretariat of the Council and Head of Administration of the Institute, to be known as the Head of Secretariat and Administration.

(2)

(a)The Head of Secretariat and Administration is appointed for a period not exceeding five years.

(b)The Head of Secretariat and Administration may be reappointed.

(3)

(a)The appointment of the Head of Secretariat and Administration is subject to the conclusion of a written performance agreement entered into between that person and the Council.

(b)The Council and the Head of Secretariat and Administration may, in writing and by agreement, amend the performance agreement.

(4)

(a)For purposes of the declaration of financial or other interests, the provisions of section 12 apply with the necessary changes to the Head of Secretariat and Administration except that the Head of Secretariat and Administration must declare his or her interests to the Council,

(b)The Council must keep and maintain a register of financial or other interests declared by the Head of Secretariat and Administration.

(5)The Head of Secretariat and Administration is an ex officio member of the Council but does not have the right to vote at its meetings.

21. Functions of Head of Secretariat and Administration

(1)The Head of Secretariat and Administration is responsible for-

(a)the administrative and financial management of the Institute in accordance with the Public Finance Management Act, 1999 (Act No. 1 of 1999), and the direction of the Institute;

(b)the appointment of members of staff of the Institute contemplated in section 22(1);

(c)assisting and advising the Council in relation to the determination of a code of conduct, applicable to the Head of Secretariat and Administration and all staff of the Institute and justiciable for purposes of disciplinary proceedings, to ensure-

(i)compliance with applicable law, including this Act;

(ii)the effective, efficient and economical use of the Institute’s funds and resources;

(iii)the promotion and maintenance of a high standard of professional ethics;

(iv)the prevention of conflicts of interest;

(v)the protection of confidential information held by the Institute; and

(vi)professional, honest, impartial, fair, ethical and equitable service; and

(d)the maintenance of discipline over the staff appointed in terms of paragraph (b) and must, for those purposes, be accountable to the Institute;

(e)the keeping and maintenance of the register of interests declared by members of staff of the Institute; and

(f)ensuring compliance by the Institute with the provisions of the Public Finance Management Act, 1999 (Act No. 1 of 1999), and any other applicable legislation.

(2)If the Head of Secretariat and Administration is, for any reason, unable to perform any of his or her functions, the Council must, in writing, appoint another person as Acting Head of Secretariat and Administration until the Head of Secretariat and Administration is able to resume those functions.

22. Appointment and management of staff of Institute

(1)The appointment of staff of the Institute is subject to the applicable transitional arrangements referred to in section 62 and an officer or member of staff contemplated in section 62(6) is deemed to be an employee of the Institute as set out in that section.

(2)The Council is responsible for the determination of a code of conduct, applicable to the Head of Secretariat and Administration and all staff of the Institute, and justiciable for purposes of disciplinary proceedings, to ensure-

(i)compliance with applicable law, including this Act;

(ii)the effective, efficient and economical use of the Institute’s funds and resources;

(iii)the promotion and maintenance of a high standard of professional ethics;

(iv)the prevention of conflicts of interest;

(v)the protection of confidential information held by the Institute; and

(vi)professional, honest, impartial, fair, ethical and equitable service.

(3)The Council must determine an administration policy, a human resources policy, and a system of performance management for members of staff of the Institute.

(4)For purposes of the declaration of financial or other interests, and subject to section 21 (1)(e), the provisions of section 12 apply with the necessary changes to members of staff of the Institute.

23. Secondment or transfer of staff to Institute

(1)The Institute may utilise the services of persons seconded or transferred from the public service in accordance with the provisions of the Public Service Act, 1994 (Proclamation No. 103 of 1994).

(2)All staff employed within the Chief Directorate: Heritage within the KwaZulu-Natal Office of the Premier are seconded to the Institute with effect from the date of the commencement of this Act.

(3)The secondment of staff as contemplated in subsection (2) must be effected in accordance with the Labour Relations Act, 1995 (Act No. 66 of 1995), and any applicable collective bargaining agreement with organised labour.

(4)A person seconded to the institute as contemplated in subsection (2) remains subject to any decisions, proceedings, rulings and directions applicable to that person immediately before the secondment date to the extent that they remain applicable.

(5)Any proceedings against such person which were pending immediately before the secondment date must be disposed of as if that person had not been seconded.

Chapter 6
Funding and management of Institute

24. Funds of Institute

(1)The funds of the Institute consist of-

(a)money appropriated by the Provincial Legislature;

(b)donations or contributions lawfully received by the Institute from any source;

(c)interest on investments of the Institute;

(d)fines received by the Institute;

(e)fees received by the Institute in payment for-

(i)the processing of applications or approvals in terms of this Act;

(ii)the provision of services by the Institute; and

(iii)the exhibition or display of physical heritage resources by the Institute; and

(f)income lawfully derived from any other source.

(2)The Institute must utilise the funds of the Institute to cover costs in connection with the performance of its duties and functions and the exercise of its powers in terms of this Act.

(3)The Head of Secretariat and Administration must, in consultation with the Council and the Member of the Executive Council responsible for finance-

(a)open an account in the name of the Institute with an institution registered as a bank in terms of the Banks Act, 1990 (Act No. 94 of 1990); and

(b)deposit therein all moneys received in terms of subsection (1).

25. Financial management and reporting

(1)The Council must cause full and proper books of account and all the necessary records in relation thereto to be kept.

(2)The Council must ensure that the Institute’s annual budgets, corporate plans, annual reports and audited financial statements are prepared and submitted in accordance with the Public Finance Management Act.

(3)The Institute must be audited and must report in accordance with the Public Finance Management Act.

26. Immovable property

(1)The Institute may, with the approval of the Member of the Executive Council responsible for finance, acquire, hold or dispose of immovable property in the course of its business.

(2)The Institute must determine the policy and procedure of the institute with regard to the acquisition and disposal of immovable property.

27. Legal proceedings against Council and Institute

(1)Any legal proceedings against the Council or the Institute must be instituted in accordance with the Institution of Legal Proceedings against Certain Organs of State Act, 2002 (Act No. 40 of 2002).

(2)The Council and the Institute are, for purposes of subsection (1), regarded as organs of state contemplated in paragraph (c) of the definition thereof in section 1 of that Act.

28. Security of confidential information held by Council and Institute

(1)Subject to the Constitution and the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), no person may disclose any information submitted to the Council or the Institute in connection with any legal brief or instruction, unless he or she is ordered to do so by a court of law or unless the person who gave such brief or instruction consents thereto in writing.

(2)No person may disclose any information kept in the registers contemplated in sections 12(3), 20(4) and 21(1)(e) unless such disclosure is-

(a)in terms of any law that compels or authorises such disclosure;

(b)materially necessary for the proper functioning of the Institute; or

(c)made for purposes of monitoring, evaluating, investigating or considering any activity relating to the Council or the Institute.

(3)Any person who contravenes subsection (1) or (2) is guilty of an offence.

29. Use of name of Council and Institute

(1)Unless authorised in writing by the Institute to do so, no person may in any way represent or make use of the name, acronym, logos, plaques, designs or other material used or owned by the Council or the Institute.

(2)No person may falsely claim to be acting on behalf of the Council or the Institute.

(3)Any person who contravenes subsection (1) or (2) is guilty of an offence.

Chapter 7
Amafa and Research Forum

30. Establishment of Amafa and Research Forum

The Amafa and Research Forum is hereby established.

31. Objects of Amafa and Research Forum

The objects of the Amafa and Research Forum are-

(a)to facilitate and ensure effective and efficient inter-governmental and intra- governmental co-operation and co-ordination between the members;

(b)to promote uniformity in respect of, and co-ordination of-

(i)matters related to research being carried out by the Institute; or

(ii)heritage matters; and

(c)to promote networking, increased collaboration and co-operation between the members of the Forum;

(d)to provide a focus and forum for the exchange of information and ideas and the sharing of best practice;

(e)to compile a consolidated register of all heritage resources in the Province; and

(f)to support the Institute in the carrying out of its powers, duties and functions.

32. Composition and membership of Amafa and Research Forum

(1)The Amafa and Research Forum consists of-

(a)the municipal managers of metropolitan and district municipalities in the Province, or his or her nominated delegees who must have written proxy;

(b)the municipal managers of such local municipalities or categories of local municipalities in the Province as may be determined by the responsible Member of the Executive Council, or his or her nominated delegees who must have written proxy;

(c)a representative nominated by the University of KwaZulu-Natal or its successor;

(d)a representative nominated by the South African Local Government Association or its successor;

(e)a representative nominated by Ezemvelo KwaZulu-Natal Wildlife;

(f)a representative nominated by the KwaZulu-Natal Provincial House of Traditional Leaders;

(g)a representative nominated by the Member of the Executive Council of the Province who is responsible for local government in the Province;

(h)any other person designated by the responsible Member of the Executive Council; and

(i)the Head of Secretariat and Administration of the Institute.

(2)The Chairperson of the Council is the Head of Secretariat and Administration of the Institute.

(3)The members of the Amafa and Research Forum must, at its first meeting contemplated in 33(1), appoint a Deputy-Chairperson.

33. Meetings of Amafa and Research Forum

(1)The first meeting of the Amafa and Research Forum must be held at a venue, on a date and at a time determined by the Institute, whereafter all future meetings must be as determined by the Chairperson in accordance with section 36(1).

(2)The Amafa and Research Forum may establish a committee or committees of the Forum.

(3)Every member of the Amafa and Research Forum must be notified of each meeting in writing, at least 14 days prior to such meeting, and such notification must contain an agenda for the proposed meeting.

(4)In the event that both the Chairperson and Deputy Chairperson are absent from any meeting of the Amafa and Research Forum, the members present at that meeting may elect one of their members to preside at that meeting.

(5)A special meeting of the Amafa and Research Forum may be called at the request of-

(a)the Chairperson; or

(b)two-thirds of the members of the Amafa and Research Forum by written petition,

whereupon the Chairperson must, in writing, notify every member of the Forum of the place, date and time of the special meeting.

(6)An agenda for a special meeting of the Amafa and Research Forum must accompany the notice referred to in subsection (5)(b).

(7)A quorum for a meeting of the Amafa and Research Forum is a majority of its members.

(8)Any decision of the Amafa and Research Forum must be taken by resolution of the majority of the members present at any meeting of the Forum and, in the event of an equality of votes on any matter, the member presiding at the meeting in question will have a casting vote in addition to his or her deliberative vote as a member of the Amafa and Research Forum.

(9)The proceedings of all meetings of the Amafa and Research Forum must be recorded and minuted.

(10)The minutes of the meeting of the Amafa and Research Forum must be circulated to ail members of the Forum within 14 days of the date of the meeting.

(11)

(a)The minutes of the previous meeting must be read at the commencement of each meeting.

(b)The minutes may be regarded as read if copies thereof were furnished to the members of the Forum prior to the meeting.

(c)The Chairperson may only sign the minutes once objections or corrections have been dealt with.

(12)The Chairperson must decide on questions of order or procedure: Provided that if any member objects to any such decision, the question must be put to the vote and the decision of the majority of the members is final and binding on the Amafa and Research Forum.

(13)The administrative and secretarial support for the Amafa and Research Forum must be provided by the Institute.

34. Advice and recommendations by Amafa and Research Forum

(1)The Amafa and Research Forum, through the Chairperson, may advise and make recommendations to the Institute for consideration.

(2)The Chairperson of the Amafa and Research Forum-

(a)is directly responsible and accountable to the Institute for the performance and operations of the Forum; and

(b)must report to the Institute on the meetings and activities of the Forum.

35. Rights and obligations of members of Amafa and Research Forum

(1)Each member of the Amafa and Research Forum has the right-

(a)to participate fully in all meetings and activities of the Forum;

(b)to request the Chairperson to place any matter within the objects of the Institute on the agenda of a meeting of the Forum for discussion; and

(c)to the timely receipt of notices, agendas and minutes of meetings of the Forum.

(2)Members of the Amafa and Research Forum must-

(a)attend, and participate in, all meetings of the Forum;

(b)participate meaningfully in any activity which promotes any objective of the Forum;

(c)abide by any resolution of the Forum; and

(d)tender apologies, setting out reasons for non-attendance, to the Chairperson in writing before a meeting of the Forum.

36. Frequency of, and procedure at, meetings of Amafa and Research Forum

(1)Ordinary meetings of the Amafa and Research Forum must take place biannually at the places, dates and times as may be determined by the Chairperson.

(2)The Chairperson of the Amafa and Research Forum must provide and distribute a schedule of places, dates and times of the meetings for the year.

Chapter 8
General protection of heritage resources

37. General protection: Structures

(1)

(a)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.

(b)Where the Institute does not grant approval, the Institute must consider special protection in terms of sections 44,45, 46, 47 and 49 of Chapter 9.

(2)The Institute may, by notice in the Gazette, exempt-

(a)a defined geographical area; or

(b)defined categories of sites within a defined geographical area, from the provisions of subsection (1) where the Institute is satisfied that heritage resources falling in the defined geographical area or category have been identified and are adequately protected in terms of sections 44, 45, 46, 47 and 49 of Chapter 9.

(3)A notice referred to in subsection (2) may, by notice in the Gazette, be amended or withdrawn by the Institute.

38. General protection: Graves of victims of conflict

No person may damage, alter, exhume, or remove from its original position-

(a)the grave of a victim of conflict;

(b)a cemetery made up of such graves; or

(c)any part of a cemetery containing such graves, without the prior written approval of the Institute having been obtained on written application to the Institute and in terms of the Regulations to this Act.

39. General protection: Informal and private burial grounds

(1)No grave or burial ground older than 60 years, or deemed to be of heritage significance by a heritage authority-

(a)not otherwise protected by this Act; and

(b)not located in a formal cemetery managed or administered by a local authority, may be damaged, altered, exhumed, inundated, removed from its original position, or otherwise disturbed without the prior written approval of the Institute having been obtained on written application to the Institute.

(2)The Institute may only issue written approval once it is satisfied that-

(a)the applicant has provided evidence of efforts to consult with communities or descendants who may have an interest in the grave, using the guidelines and criteria for consultation set out in regulations; and

(b)the applicant and the relevant communities or descendants have reached agreement regarding the grave.

40. General protection: Battlefield sites, archaeological sites, rock art sites, palaeontological sites, historic fortifications, meteorite or meteorite impact sites

(1)No person may destroy, damage, excavate, alter, write or draw upon, or otherwise disturb any battlefield site, archaeological site, rock art site, palaeontological site, historic fortification, meteorite or meteorite Impact site without the prior written approval of the Institute having been obtained on written application to the Institute.

(2)Upon discovery of archaeological or palaeontological material or a meteorite by any person, all activity or operations in the general vicinity of such material or meteorite must cease forthwith and a person who made the discovery must submit a written report to the Institute without delay.

(3)The Institute may, after consultation with an owner or controlling authority, by way of written notice served on the owner or controlling authority, prohibit any activity considered by the Institute to be inappropriate within 50 metres of a rock art site.

(4)No person may exhume, remove from its original position or otherwise disturb, damage, destroy, own or collect any object or material associated with any battlefield site, archaeological site, rock art site, palaeontological site, historic fortification, meteorite or meteorite impact site without the prior written approval of the Institute having been obtained on written application to the Institute.

(5)No person may bring any equipment which assists in the detection of metals and archaeological and palaeontological objects and material, or excavation equipment onto any battlefield site, archaeological site, rock art site, palaeontological site, historic fortification, or meteorite impact site, or use similar detection or excavation equipment for the recovery of meteorites, without the prior written approval of the Institute having been obtained on written application to the Institute.

(6)

(a)The ownership of any object or material associated with any battlefield site, archaeological site, rock art site, palaeontological site, historic fortification, meteorite or meteorite impact site, on discovery, vests in the Provincial Government and the Institute is regarded as the custodian on behalf of the Provincial Government.

(b)The Institute may establish and maintain a provincial repository or repositories for the safekeeping or display of-

(i)archaeological objects;

(ii)palaeontological material;

(iii)ecofacts;

(iv)objects related to battlefield sites;

(v)material cultural artefacts; or

(vi)meteorites.

(7)The Institute may, subject to such conditions as the Institute may determine, loan any object or material referred to in subsection (6) to a national or provincial museum or institution.

(8)No person may, without the prior written approval of the Institute having been obtained on written application to the Institute, trade in, export or attempt to export from the Province-

(a)any category of archaeological object;

(b)any palaeontological material;

(c)any ecofact;

(d)any object which may reasonably be regarded as having been recovered from a battlefield site;

(e)any material cultural artefact; or

(f)any meteorite.

(9)

(a)A person or institution in possession of an object or material, referred to in paragraphs (a) - (f) of subsection (8), must submit full particulars of such object or material, including such information as may be prescribed, to the Institute.

(b)An object or material referred to in paragraph (a) must, subject to paragraph (c) and the directives of the Institute, remain under the control of the person or institution submitting the particulars thereof.

(c)The ownership of any object or material referred to in paragraph (a) vests in the Provincial Government and the Institute is regarded as the custodian on behalf of the Provincial Government.

41. Heritage resources management

(1)Any person who intends to undertake a development categorised as-

(a)the construction of a road, wall, powerline, pipeline, canal or other similar form of linear development or barrier exceeding 300 m in length;

(b)the construction of a bridge or similar structure exceeding 50 m in length;

(c)any development or other activity which will change the character of a site-

(i)exceeding 5 000 m² in extent;

(ii)involving three or more existing erven or subdivisions thereof;

(iii)involving three or more erven or divisions thereof, which have been consolidated within the past five years; or

(iv)the costs of which will exceed a sum set in terms of regulations;

(d)the rezoning of a site exceeding 10 000 m² in extent; or

(e)any other category of development provided for in regulations, must, at the very earliest stages of initiating such a development, notify the Institute and furnish it with details regarding the location, nature and extent of the proposed development.

(2)The Institute must, within 14 days of receipt of a notification in terms of subsection (1)-

(a)if there is reason to believe that heritage resources will be affected by such development, notify the person who intends to undertake the development to submit an impact assessment report: Provided that such report must be compiled at the cost of the person proposing the development, by a person or persons approved by the Institute with relevant qualifications and experience and professional standing in heritage resources management; or

(b)notify the person concerned that this section does not apply.

(3)The Institute must specify the information to be provided in a report required in terms of subsection (2)(a): Provided that the following must be included-

(a)the identification and mapping of all heritage resources in the area affected;

(b)an assessment of the significance of such resources in terms of the heritage assessment criteria set out in regulations;

(c)an assessment of the impact of the development on such heritage resources;

(d)an evaluation of the impact of the development on heritage resources relative to the sustainable social and economic benefits to be derived from the development;

(e)the results of consultation with communities affected by the proposed development and other interested parties regarding the impact of the development on heritage resources;

(f)the consideration of alternatives, if heritage resources will be adversely affected by the proposed development; and

(g)plans for mitigation of any adverse effects during and after the completion of the proposed development.

(4)The report must be considered timeously by the institute which must, after consultation with the person proposing the development, decide-

(a)whether or not the development may proceed;

(b)any limitations or conditions to be applied to the development;

(c)what general protections in terms of this Act apply, and what formal protections may be applied, to such heritage resources;

(d)whether compensatory action is required in respect of any heritage resources damaged or destroyed as a result of the development; and

(e)whether the appointment of specialists is required as a condition of approval of the proposal.

(5)The Institute must not make any decision under subsection (4), with respect to any development which impacts on a heritage resource protected at national level, unless it has consulted the heritage resources authority.

(6)The applicant may appeal against the decision of the Institute to the responsible Member of the Executive Council, who-

(a)must consider the views of both parties; and

(b)may, at his or her discretion-

(i)appoint a committee to undertake an independent review of the impact assessment report and the decision of the Institute; and

(ii)consult the National Heritage Resources Agency; and

(c)must uphold, amend or overturn such decision.

(7)The provisions of this section do not apply to a development described in subsection (1) affecting any heritage resource formally protected by the National Heritage Resources Agency unless the Institute decides otherwise.

(8)The provisions of this section do not apply to a development as described in subsection (1) if an evaluation of the impact of such development on heritage resources is required in terms of the Environment Conservation Act, 1989 (Act No. 73 of 1989), or the integrated environmental management guidelines issued by the Department of Environment Affairs and Tourism, or the Minerals Act, 1991 (Act No. 50 of 1991), or any other legislation: Provided that the consenting authority must ensure that-

(a)the evaluation fulfils the requirements of the Institute in terms of subsection (3); and

(b)any comments and recommendations of the Institute with regard to such development have been taken into account prior to the granting of the consent.

(9)The Institute, with the approval of the responsible Member of the Executive Council, may, by notice in the Provincial Gazette, exempt from the requirements of this section any place specified in the notice.

(10)Any person who has complied with the decision of the Institute in subsection (4) or of the responsible Member of the Executive Council in terms of subsection (6) or other requirements referred to in subsection (8), is exempted from compliance with all other protections in terms of this Part, but any existing heritage agreements made in terms of section 42 continue to apply.

Chapter 9
Special protection of heritage resources

42. Protected areas

(1)The Institute may, with the consent of the owner of an area, by notice in the Provincial Gazette designate as a protected area-

(a)such area of land surrounding a provincial heritage site as is reasonably necessary to ensure the protection and reasonable enjoyment of such site, or to protect the view of and from such site; or

(b)such area of land surrounding any archaeological or palaeontological site or meteorite as is reasonably necessary to ensure its protection.

(2)No person may damage, disfigure, alter, subdivide or in any other way develop any part of a protected area unless, at least 60 days prior to the initiation of such changes, he or she has consulted the heritage resources authority which designated such area in accordance with a procedure prescribed by that authority.

(3)A local authority may, with the agreement of the Institute which designated a protected area, make provision in its town planning scheme or in by-laws for the management of such area.

43. Schedule of specially protected heritage resources

(1)Specially protected heritage resources are listed in Schedule 2.

(2)The responsible Member of the Executive Council may, by notice in the Gazette-

(a)amend;

(b)substitute; or

(c)withdraw,

Schedule 2

44. Special protection: Heritage Landmark status

(1)No person may damage, alter, redecorate, remove from its original position, subdivide or amend any plan-

(a)of a Heritage Landmark site; or

(b)of a site in respect of which a notice referred to in subsection (3) has been published, without the prior written approval of the Institute having been obtained on written application to the Institute.

(2)The Institute may-

(a)subject to the provisions of subsections (3), (4) and (5); and

(b)after due consideration of all written representations and submissions, confer the special protection of Heritage Landmark status on sites which, in the opinion of the Institute, constitute important elements of the heritage of the Province, but which are not owned by the Provincial Government or a local authority, whereupon the Institute must-

(i)in terms of section 43(1), list the site in Schedule 2; and

(ii)list the site in the Register of Heritage Sites referred to in section 48.

(3)When the Institute decides to confer Heritage Landmark status, the Institute must give notice in the Gazette of the intention to confer Heritage Landmark status.

(4)The notice referred to in subsection (3) must-

(a)identify the affected site and include the GPS co-ordinates of the site and, where available, the following information regarding the site and the land on which the site is situated-

(i)the full title deed description, including the title deed number, the administrative district in which the land is situated, the extent of the land and, if applicable, the nature of any right in or over such land;

(ii)a full description of the outer boundaries of the site and the extent of the site on the land;

(iii)the current zoning of the land;

(iv)the actual current use of the site and the land; and

(v)full details of any improvements to, and structures on, the site and the land; and

(b)include a statement describing the cultural significance of the site;

(c)give interested parties an opportunity to make written representations or submissions regarding the conferral of Heritage Landmark status within a period of not less than 30 days; and

(d)draw attention to the provisions of subsections (1) and (2).

(5)The Institute must, in addition to the notice to be published in terms of subsection (3), cause a copy of such notice to be sent by registered post or delivered to-

(a)the registered owner of the land;

(b)the occupier, if any, of the land; and

(c)the municipal manager of the municipality for the area in which the land is situated, advising those persons that they may make written representations or submissions regarding the proposed conferral of Heritage Landmark status within a period of not more than 30 days of receipt of the notice.

(6)Except in cases where the Institute considers it inappropriate, all Heritage Landmarks must bear a plaque indicating their status.

(7)The Institute must, within 30 working days, after conferring the special protection of Heritage Landmark status on sites owned by the Provincial Government or a local authority, lay any register, certificate or other document before the registrar of deeds as defined in section 102 of the Deeds Registries Act, 1937 (Act No. 47 of 1937), in order to enable him or her to make such entries and endorsements as he or she may deem necessary in or on any relevant register, certificate or other document in his or her office or laid before him or her, in order to reflect the Heritage Landmark status of any land or portion of land conferred in terms of this section.

(8)

(a)The Institute may withdraw Heritage Landmark status by notice in the Gazette.

(b)When the Institute decides to withdraw Heritage Landmark status, the provisions of subsections (3), (4) and (5) apply with the necessary changes.

(9)If a site, on which Heritage Landmark status has been conferred, becomes the property of the Provincial Government or a local authority the site is, at the date of registration of transfer, regarded as having been conferred Provincial Landmark status.

(10)A Heritage Landmark site is regarded as a Grade II Heritage Resource referred to in section 7(1)(b) of the National Heritage Resources Act.

(11)The Institute may, after due consideration, by means of a special resolution of the Institute setting out justifiable and cogent reasons indicating that compliance would, in the particular matter at hand, place an unfair or unintended administrative burden on the Institute, dispense with the following requirements contemplated in subsection (4)(a)(i)-

(a)the full title deed description; and

(b)the title deed number.

45. Special protection: Provincial Landmark status

(1)No person may damage, alter, redecorate, remove from its original position, subdivide or amend any plan-

(a)of a Provincial Landmark site; or

(2)The Institute may-

(a)subject to the provisions of subsections (3), (4) and (5); and

(b)after due consideration of all written representations and submissions, confer the special protection of Provincial Landmark status on sites owned by the Provincial Government or a local authority which, in the opinion of the Institute, constitute important elements of the heritage of the Province, whereupon the Institute must-

(i)in terms of section 43(1), list the site in Schedule 2; and

(ii)list the site in the Register of Heritage Sites referred to in section 48.

(3)When the Institute decides to confer Provincial Landmark status, the Institute must give notice in the Gazette of the intention to confer Provincial Landmark status.

(4)The notice referred to in subsection (3) must-

(a)identify the affected site and include the GPS co-ordinates of the site and, where available, the following information regarding the site and the land on which the site is situated-

(ii)a full description of the outer boundaries of the site and the extent of the site on the land;

(iii)the current zoning of the land;

(iv)the actual current use of the site and the land; and

(v)full details of any improvements to, and structures on, the site and the land; and

(b)give interested parties an opportunity to make written representations or submissions regarding the conferral of Provincial Landmark status within a period of not less than 30 days; and

(c)draw attention to the provisions of subsections (1) and (2).

(5)The Institute must, in addition to the notice to be published in terms of subsection (3), cause a copy of such notice to be sent by registered post or delivered to-

(a)the registered owner of the land;

(b)the occupier, if any, of the land; and

(c)the municipal manager of the municipality for the area in which the land is situated, advising those persons that they may make written representations or submissions regarding the proposed conferral of Provincial Landmark status within a period of not less than 30 days of receipt of the notice.

(6)Except in cases where the Institute considers it inappropriate, all Provincial Landmarks must bear a plaque indicating their status.

(7)The Institute must, within 30 working days, after conferring the special protection of Provincial Landmark status on sites owned by the Provincial Government or a local authority, lay any register, certificate or other document before the registrar of deeds as defined in section 102 of the Deeds Registries Act, 1937 (Act No. 47 of 1937), in order to enable him or her to make such entries and endorsements as he or she may deem necessary in or on any relevant register, certificate or other document in his or her office or laid before him or her, in order to reflect the Provincial Landmark status of any land or portion of land conferred in terms of this section.

(8)

(a)The Institute may, with the concurrence of the responsible Member of the Executive Council, withdraw Provincial Landmark status by notice in the Gazette.

(b)When the Institute decides to withdraw Provincial Landmark status, the provisions of subsections (3), (4) and (5) apply with the necessary changes.

(9)If a site on which Provincial Landmark status has been conferred becomes the property of an owner other than the Provincial Government or a local authority the site is, at the date of registration of transfer, regarded as having been conferred Provincial Landmark status.

(10)A Provincial Landmark site is regarded as a Grade II Heritage Resource referred to in section 7(1)(b) of the National Heritage Resources Act.

46. Special protection: Graves of members of Royal Family

(1)A grave of a member of the Royal Family listed in Schedule 2-

(a)is regarded as a Heritage Landmark site referred to in section 44 or a Provincial Landmark site referred to in section 45;

(b)is regarded as a Grade II Heritage Resource referred to in section 7(1)(b) of the National Heritage Resources Act;

(c)enjoys the protection afforded to such heritage sites; and

(d)must be listed in the Register of Heritage Sites referred to in section 48.

(2)The Institute may approve any alteration, exhumation or removal of a grave of a member of the Royal Family only after consultation with the Monarch.

47. Special protection: Battlefields, public monuments and memorials

A battlefield site, public monument or memorial listed in Schedule 2-

(a)is regarded as a Heritage Landmark site referred to in section 44 or a Provincial Landmark site referred to in section 45;

(b)is regarded as a Grade II Heritage Resource referred to in section 7(1)(b) of the National Heritage Resources Act;

(c)enjoys the protection afforded to such heritage sites; and

(d)must be listed in the Register of Heritage Sites referred to in section 48.

48. Register of Heritage Sites

(1)The Institute must establish and maintain a consolidated register of all heritage resources in the Province as prescribed in section 30 of the National Heritage Resources Act.

(2)The register referred to in subsection (1) must-

(a)subject to the provisions of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), be accessible to the public; and

(b)contain the following information regarding the Heritage Landmark sites and Provincial Landmark sites and the land on which the sites are situated-

(i)whether Heritage Landmark status or Provincial Landmark status has been conferred in respect of a site situated on the land;

(ii)the full title deed description, including the title deed number, the administrative district in which the land is situated, the extent of the land and, if applicable, the nature of any right in or over such land;

(iii)a full description of the outer boundaries of the site and the extent of the site on the land;

(iv)the current zoning of the land;

(v)the actual current use of the site and the land;

(vi)full details of any improvements to, and structures on, the site and the land;

(vii)the GPS co-ordinates of the site; and

(viii)in respect of Provincial state land, the department or departments of the Provincial Government responsible for the control and use of the land.

(3)The consolidated register referred to in subsection (1) may, in the interests of establishing an effectively functioning database-

(a)be partitioned into such categories; and

(b)contain such further information, as the responsible Member of the Executive Council may prescribe or otherwise determine.

49. Special protection: Heritage Object status

(1)No person may destroy, damage, alter, restore, or remove from its place of storage an object-

(a)on which the special protection of Heritage Object status has been conferred; or

(b)in respect of which a notice referred to in subsection (3) has been published, without the prior written approval of the Institute having been obtained on written application to the Institute.

(2)The Institute may, by notice in the Gazette, confer the special protection of Heritage Object status on artefacts, or collections thereof, which are of substantial aesthetic, historic, scientific, or technological importance or which, in the opinion of the Institute, have a significant connection or relevance to a site on which either Heritage Landmark status or Provincial Landmark status has been conferred.

(3)When the Institute decides to confer Heritage Object status, the Institute must give notice in the Gazette of the intention to confer Heritage Object status.

(4)The notice referred to in subsection (3) must-

(a)identify the affected object and include the following information regarding the object-

(i)a full description of the object, Including a drawing or photograph of the object;

(ii)full details of the person or body in current possession of the object;

(iii)full details of the current place of storage of the object;

(iv)the actual or probable historical use of the object;

(v)the actual current use of the object; and

(vi)full details of any damage, wear, alteration or restoration to, the object; and

(b)give interested parties an opportunity to make written representations or submissions regarding the conferral of Heritage Object status within a period of not less than 30 days; and

(c)draw attention to the provisions of subsections (1) and (2).

(5)The Institute must, in addition to the notice to be published in terms of subsection (3), cause a copy of such notice to be sent by registered post or delivered to-

(a)the person or body in current possession of the object;

(b)the registered owner of the land and the occupier of the land or structure on or in which the object is currently being stored; and

(c)the municipal manager of the municipality for the area in which the land is situated, advising those persons that they may make written representations or submissions regarding the proposed conferral of Heritage Object status within a period of not less than 30 days of receipt of the notice.

(6)Except in cases where the Institute considers it inappropriate, a Heritage Object must, in accordance with recognised curation norms and practice, bear a physical mark or by way of the display of appropriate marking or signage in the vicinity of the object indicating its status.

(7)

(a)The Institute may, with the concurrence of the responsible Member of the Executive Council, withdraw Heritage Object status by notice in the Gazette.

(b)When the Institute decides to withdraw Heritage Object status, the provisions of subsections (3), (4) and (5) apply with the necessary changes.

(8)A Heritage Object is regarded as a Grade II Heritage Resource referred to in section 7(1)(b) of the National Heritage Resources Act.

(9)The objects forming part of the collection of any provincial, municipal or academic institution or body are regarded as having Heritage Object status.

50. Register of Heritage Objects

(1)The Institute must establish and maintain a consolidated register of all objects on which Heritage Object status have been conferred.

(2)The register referred to in subsection (1) must-

(a)subject to the provisions of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), be accessible to the public; and

(b)contain the following information regarding each Heritage Object -

(i)a full description of the object, including a drawing or photograph of the object;

(ii)full details of the person or body in current possession of the object;

(iii)full details of the current place of storage of the object;

(iv)the actual or probable historical use of the object;

(v)the source of origin of the object;

(vi)the actual current use of the object; and

(vii)full details of any damage, wear, alteration or restoration, to the object.

(3)The consolidated register referred to in subsection (1) may, in the interests of establishing an effectively functioning database-

(a)be partitioned into such categories; and

(b)contain such further information, as the Institute may prescribe or otherwise determine.

Chapter 10
Heritage resources management

51. Determination of criteria for best practice, standards, norms and conditions

The Institute may, by notice in the Gazette, determine-

(a)criteria for best practice; and

(b)a reasonable set of standards, norms and conditions, regarding the conservation, management, administration, curation and excavation of heritage resources.

52. Institute may enter into agreements

(1)The Institute may enter into an agreement with any person or body-

(a)in terms of which that person or body undertakes, on behalf of the Institute, to perform a duty or carry out a function which the Institute is obliged to perform or carry out; or

(b)in relation to any aspect of the conservation of a heritage resource, on such terms and conditions as may be agreed upon.

(2)An agreement referred to in subsection (1)-

(a)may incorporate in its terms a provision for financial or other assistance from the Institute; and

(b)must be in the form of a binding written contract subject to the provisions of the Public Finance Management Act.

53. Responsible Member of Executive Council may expropriate property on which heritage site is situated

(1)In addition to the general powers of expropriation conferred by the KwaZulu-Natal Land Administration and Immovable Asset Management Act, 2014 (Act No. 2 of 2014), or any other provincial law relating to expropriation, the responsible Member of the Executive Council may, on the recommendation of the Institute, and after following the procedures for expropriation as set out in that Act or law, expropriate property or a portion of property on which a heritage site is situated where-

(a)in the opinion of the responsible Member of the Executive Council-

(i)a heritage site is neglected to the extent that it may lose its potential for conservation; or

(ii)it is necessary or appropriate for the conservation or development of the heritage site; or

(b)a heritage site is threatened with demolition, alteration, or any other action which, in the opinion of the responsible Member of the Executive Council, will severely compromise its value as a heritage resource.

(2)If a heritage site or a site on which Heritage Landmark status has been conferred, becomes the property of the Provincial Government by expropriation as contemplated in subsection (1), the site is at the date of expropriation, regarded as having been conferred Provincial Landmark status.

54. Consultation procedure where municipal by-law or regulation has bearing on heritage matters

(1)A draft by-law or draft regulation of a municipality pertaining to, or which may reasonably be expected to have a bearing on-

(a)heritage management within the area of jurisdiction of the municipality, or

(b)land usage, development or planning in respect of land which is or which may reasonably be expected to be a heritage resource or a heritage site and which is situated within the area of jurisdiction of the municipality, must be referred by the municipal manager of the municipality concerned to the Institute for comment before such by-law or regulation is approved by the municipality.

(2)The Institute must, within 45 days as from the date of receipt of such referral, indicate to the municipality concerned its support for or opposition to the draft by-law or regulation, together with any comment the Institute may wish to make: Provided that such indication must-

(a)be by written notification; and

(b)be submitted to and received by the municipal manager of the municipality concerned.

(3)

(a)If the Institute indicates by written notification in terms of subsection (2) that it is opposed to the draft by-law or draft regulation, both the Institute and the municipality concerned must forthwith attempt to reach agreement by negotiation and the municipal manager of the municipality must forthwith facilitate a meeting between the Institute and the municipality.

(b)If no agreement between the Institute and the municipality concerned is reached after a period of 30 days after the written notification referred to in subsection (2), the municipal manager must, in writing, notify the responsible Member of the Executive Council and the Member of the Executive Council responsible for local government with a request to facilitate a further meeting between the Institute and the municipality in an attempt to reach an agreement.

(c)The further meeting referred to in paragraph (b) must take place within 30 days after the relevant Members of the Executive Council have been notified.

(d)If agreement between the Institute and the municipality concerned is reached, the municipality concerned must, at the next meeting of the full Council of the municipality, having due regard to any agreement, consider the draft by-law or regulation as amended and may proceed therewith.

(4)If the Institute fails to indicate within the period referred to in subsection (2) whether it supports or opposes the draft by-law or draft regulation, the municipality concerned may proceed with the by-law or regulation.

Chapter 11
General provisions

55. Appointment of honorary heritage inspectors

(1)The Institute may appoint honorary heritage inspectors in accordance with the terms and conditions as prescribed.

(2)Honorary heritage inspectors are not entitled to any form of remuneration or reimbursement from the Institute.

56. General offences pertaining to Council and Institute

(1)A member of the Council, a member of staff, advisor, agent or other person employed by or acting on behalf of the Council or the Institute is guilty of an offence if he or she directly or indirectly accepts any unauthorised fee or reward from any person in respect of, or in connection with, any service rendered or anything done or offered by the Council or the Institute.

(2)Any person is guilty of an offence if he or she, in respect of or in connection with any service rendered or anything done or offered by the Institute, bribes or attempts to bribe, or corruptly influences or attempts to corruptly influence, any member of staff or any adviser, agent or other person employed by or acting on behalf of the Council or the Institute.

(3)Any person who falsely claims that he or she is authorised to charge or collect fees on behalf of or by direction of the Council or the Institute, is guilty of an offence.

57. Penalties

Any person convicted of an offence-

(a)in terms of section 56(1) or (2), is liable to a fine or to imprisonment for a period not exceeding that determined by national legislation for corruption; or

(b)in terms of section 13, 28(3), 29(3), 37, 38, 39, 40, 44, 45, 49 or 56(3) is liable to a fine or to imprisonment for a period not exceeding five years.

58. Regulations

(1)The responsible Member of the Executive Council may, by notice in the Gazette and after consultation with the Council, make regulations concerning-

(a)a code of conduct for members of the Council;

(b)the specific protections for any protected area which the Institute has designated, including the prohibition or control of specified activities by any person in the designated area;

(c)any matter which is required or permitted to be prescribed in terms of this Act;

(d)any other matter which the responsible Member of the Executive Council may deem necessary or expedient in order to achieve the objects of this Act: Provided that any regulation relating to-

(i)State revenue or expenditure; or

(ii)any fine, must be made in consultation with the Member of the Executive Council responsible for finance.

(2)The regulations may provide that any person contravening any regulation or failing to comply therewith is guilty of an offence and liable on conviction to a fine or other penalty not exceeding that prescribed in the regulations.

59. Appeals to responsible Member of Executive Council

(1)A person affected by a decision taken by the Council or the Institute and who wishes to appeal against the decision, must lodge a written notice of intention to appeal with the responsible Member of the Executive Council within 30 days after that person has been notified of the decision.

(2)The responsible Member of the Executive Council must then appoint an independent tribunal, consisting of three experts having expertise regarding the matter to consider the appeal.

(3)The tribunal contemplated in subsection (2), in considering the appeal referred to it by the responsible member of the Executive Council, must have due regard to-

(a)the cultural significance of the heritage resources in question;

(b)heritage conservation principles; and

(c)any other relevant factor which is brought to its attention by the appellant, the Council or the Institute.

(4)The appellant must serve on the Council or the Institute and each interested and affected party in relation to the decision of the Institute, a copy of the notice referred to in subsection (1).

(5)The responsible Member of the Executive Council may, in writing and on good cause, extend the period within which a notice of intention to appeal must be submitted.

(6)An appeal must be accompanied by-

(a)a statement setting out the grounds of appeal; and

(b)supporting documentation which is referred to in the appeal.

(7)An appeal must be submitted to the responsible Member of the Executive Council within 30 days of the lodging of the notice of intention to appeal referred to in subsection (1).

(8)The tribunal contemplated in subsection (2) must consider and finalise an appeal lodged in terms of subsection (1) within 90 days of receipt of such appeal.

(9)When the tribunal contemplated in subsection (2) has reached a decision on an appeal, the appellant must be notified, in writing, of the decision and the extent to which the decision appealed against is upheld or overturned and the reasons therefor.

(10)The powers vested in the responsible Member of the Executive Council in terms of this section may not be delegated.

60. Delegations

(1)The responsible Member of the Executive Council may delegate to the Head of Department-

(a)any power conferred on the responsible Member of the Executive Council by this Act, except the power, in terms of section 58, to make regulations or, in terms of section 59, to consider appeals; or

(b)any duty imposed on the responsible Member of the Executive Council by this Act, except any duty regarding the appointment, and termination of office, of the members of the Council contemplated in sections 9 and 15.

(2)The Council may delegate to the Head of Secretariat and Administration any power or duty conferred or imposed on the Council, except any duty as accounting authority of the Institute.

(3)Any power or duty delegated in terms of subsection (1) or (2) must be exercised or performed subject to such conditions as the person or body that made the delegation considers necessary.

(4)Any delegation in terms of subsection (1) or (2)-

(a)must be in writing;

(b)does not prohibit the person or body that made the delegation from exercising that power or performing that duty; and

(c)may, at any time, be withdrawn or amended in writing by that person or body.

(5)Delegations by the Council are determined in regulation 12 of the KwaZulu-Natal Amafa and Research Institute Regulations.

Chapter 12
Repeal of law, transitional arrangements, validation and short title

61. Repeal of law

The KwaZulu-Natal Heritage Act, 2008 (Act No. 4 of 2008), is hereby repealed.

62. Transitional arrangements and validation

(1)The Institute is the legal successor to the Amafa aKwaZulu-Natali Heritage Council established in terms of section 5(1) of the repealed Act.

(2)

(a)The budget, funds and movable assets of the disestablished Amafa aKwaZulu-Natali Heritage Council, are transferred to, and vest in, the Institute.

(b)Any other right, whether tangible or intangible, of the disestablished Amafa aKwaZulu- Natali Heritage Council, whether such right is conferred by, or arises from, contractual agreement or otherwise, of the disestablished Amafa aKwaZulu-Natali Heritage Council, is transferred to, and vests in, the Institute.

(3)All immovable assets, if any, registered in the name of the disestablished Amafa aKwaZulu- Natali Heritage Council are transferred to, and vest in, the Institute: Provided that the disestablished Amafa aKwaZulu-Natali Heritage Council is not obliged to pay or render any consideration, monetary or otherwise, in respect of the transfer and vesting of any such immovable asset to, or in, the Institute: Provided, further, that the ancillary rights and obligations of the disestablished Amafa aKwaZulu-Natali Heritage Council in respect of such immovable assets to determine, fix and collect rental, to take legal action to evict tenants in default and to maintain existing structures and dwellings, vest in the Institute.

(4)

(a)Any liability or obligation relating specifically to the functions referred to in subsection (3) above, whether contingent, vested or latent, of the disestablished Amafa aKwaZulu-Natali Heritage Council, whether such liability or obligation is assigned by, or arises from, contractual agreement or otherwise, is transferred to, and vests in, the Institute: Provided that any financial deficit on the books of the disestablished Amafa aKwaZulu-Natali Heritage Council may be defrayed by the KwaZulu-Natal Provincial Government from moneys specially appropriated by the Provincial Legislature for that purpose.

(b)Any other liability or obligation, whether contingent, vested or latent, of the disestablished Amafa aKwaZulu-Natali Heritage Council, whether such liability or obligation is assigned by, or arises from, contractual agreement or otherwise, is transferred to, and vests in, the Institute: Provided that any financial deficit on the books of the disestablished Amafa aKwaZulu-Natali Heritage Council may be defrayed by the KwaZulu-Natal Provincial Government from moneys specially appropriated by the Provincial Legislature for that purpose.

(5)A person who, on the day before the date of commencement of this Act, was an officer or member of staff of the disestablished Amafa aKwaZulu-Natali Heritage Council, is regarded as having been appointed in terms of section 22 of this Act.

(6)

(a)All employees of the disestablished Amafa aKwaZulu-Natali Heritage Council listed in Schedule 1, Part A, are hereby absorbed, transferred to, and placed in the service of, the Institute, with the retention of their remuneration, rights, benefits and privileges, subject to the applicable labour laws and any other applicable collective agreement.

(b)The practical implication of paragraph (a) above, is that-

(i)all employees of the disestablished Amafa aKwaZulu-Natali Heritage Council are placed on the establishment of;

(ii)the total personnel and salary budget of the disestablished Amafa aKwaZulu-Natali Heritage Council is transferred to, and vests in; and

(iii)the funded vacant posts on the establishment of the disestablished Amafa aKwaZulu-Natali Heritage Council are transferred to, and placed on the establishment of, the Institute.

(7)A person transferred to the Institute as contemplated in subsection (6)(a) remains subject to any decisions, proceedings, rulings and directions applicable to that person immediately before the transfer date, to the extent that they remain applicable.

(8)Any proceedings against such person, which were pending immediately before the transfer date must be disposed of as if that person had not been transferred.

(9)The employees of the Chief Directorate: Heritage, on the establishment of the Office of the Premier, KwaZulu-Natal, listed in Schedule 1, Part B are, at the date of commencement of this Act, subject to the laws governing the public service and any applicable resolution of the General Public Service Sector Bargaining Council (GPSSBC), seconded to the Institute to assist the Institute with the achievement of its objects, the exercise of its powers, the performance of its duties and the fulfilment of its functions as set out in this Act.

(10)Any act, determination, designation, decision, matter or any other thing done, made, taken, executed or carried out or purported to have been done, made, taken, executed or carried out by the disestablished Amafa aKwaZulu-Natali Heritage Council, an officer or member of staff of the Council, including the Chief Executive Officer appointed in terms of the repealed Act, the responsible Member of the Executive Council, or the Member of the Executive Council responsible for finance as defined in the repealed Act in terms of or in pursuance of the repealed Act from 5 December 2008 to the date of commencement of this Act, is not invalid by reason-

(a)of the regulations referred to in the repealed Act not having been published by the responsible Member of the Executive Council;

(b)of any procedure, process, requirement, condition or detail referred to in the repealed Act not having been determined or prescribed by regulation; or

(c)of the Council not having been properly constituted, as contemplated in the repealed Act.

63. Short title

This Act is called the KwaZulu-Natal Amafa and Research Institute Act, 2018.

Schedule 1

Part A – List of employees transferred to the Institute from the Amafa aKwaZulu-Natali Heritage Council

(Section 62(7))

No.	Full names and surname	Employee number
1	KHANYISANI MASONSIMBI BIYELA	HN060000212
2	BONGANI FREEDAN BUTHELEZI	HN060000176
3	NKOSINATHI BUTHELEZI	HN060000233
4	NOKWETHEMBA SONTO BUTHELEZI	HN060000122
5	NYULUKA MBEKWA CELE	HN060000070
6	HERBET MHLENGI ZANELE CHULE	HN060000139
7	ROSLYN ANNE DEVEREUX	HN060000184
8	THABANI INNOCENT DIMBA	HN060000187
9	BONGANI MKHUPHULENI DLAMINI	HN060000167
10	DUMISANI DLUDLA	HN060000150
11	FLORENCE JABULILE DLUDLA	HN060000092
12	MTHANDENI SIMON DUBE	HN060000035
13	THULISIWE DAPHNEY DUBE	HN060000027
14	KHISHIWE FRANSISCA GEMBE	HN060000086
15	SANELISIWE BRENDA HLONGWA	HN060000144
16	THEMBI MARY-JANE HLONGWA	HN060000138
17	THAMSANQA RICHARD HLOPHE	HN060000072
18	JAMES FRANCIS JANSEN VAN VUUREN	HN060000003
19	REGINA LUISE JANSEN VAN VUUREN	HN060000007
20	LANDELENI NOMPUMELELO KHOZA	HN060000191
21	BUYISILE SILVESTER KHUMALO	HN060000207
22	FIKELEPHI GLENROSE KHUMALO	HN060000246
23	THOMPSON MBONGENI KHUZWAYO	HN060000232
24	EVIDENCE JABULILE MAGWAZA	HN060000151
25	PHEFENI ELLIOT MAHAYE	HN060000013
26	NHLANHLA BHEKUMUZI MAJOZI	HN060000237
27	GLADNESS JABULILE MAZIBUKO	HN060000226
28	LALELANI SIPHELELE MAZIBUKO	HN060000228
29	SIYASANGA MBALEKWA	HN060000234
30	BHEKI QALOKWAKHE MBATHA	HN060000241
31	MUZIWENDODA NED MBATHA	HN060000130
32	NOZIPHO ZANELE MBATHA	HN060000129
33	PHUMLANI WILSON MBATHA	HN060000218
34	SIYABONGA THOBELANI MBATHA	HN060000211
35	THOBILE MARY-JANE MBATHA	HN060000214
36	BEAUTY SEBENZANI MDLALOSE	HN060000021
37	ZAKHELE FREEDOM MDLALOSE	HN060000213
38	BONGANI CECIL MDUNGE	HN060000053
39	DERICK ZWELIHLE MHLONGO	HN060000173
40	PHILANGENKOSI EMMANUEL MHLONGO	HN060000147
41	BONISILE BAGODLILE MKHIZE	HN060000018
42	HAMILTON MUZIKAWULAHLWA MKHIZE	HN060000031
43	MAKHEHLA LEONARD MKHIZE	HN060000186
44	NOKUKHANYA CHARLOTTE MKHIZE	HN060000238
45	GLADNESS THANDIWE MKHWANANZI	HN060000082
46	TOTOZANE GUGU REJOICE MNGADI	HN060000108
47	CHERYL MOODLEY	HN060000204
48	ANGEL BUSISIWE MSINGA	HN060000215
49	LINDIWE ZERICH MSOMI	HN060000005
50	EUNICE NONHLANHLA MTHABELA	HN060000197
51	BAWINILE NONHLANHLA MTHEMBU	HN060000239
52	PHILANI EUCLID NDABEZITHA	HN060000229
53	MAKHOSAZANA PORTIA NDEBELE	HN060000192
54	BONOKWAKHE JOSEPH NDIMA	HN060000231
55	GUGULETHU PAMELA NDLOVU	HN060000128
56	LUCAS SIFISO NDLOVU	HN060000175
57	NOMPUMELELO DOREEN NDUNA	HN060000083
58	SINDANI NENE	HN060000055
59	QUEEN MABONGI NGCOBO	HN060000203
60	SIPHO SIZWE NGCOBO	HN060000236
61	ANGELINE NKOSINGIPHILE NGEMA	HN060000193
62	SIFISO ARRON NGEMA	HN060000210
63	ROSEMARY SBONGILE BUYISILE NJOKO	HN060000058
64	THOLAKELE NSELE	HN060000089
65	BONGINKOSI ALFOD NTOMBELA	HN060000146
66	CEBISILE ZIKHOKHILE CORAH GETRUDE NTOMBELA	HN060000216
67	NTOMBELA EMMANUEL SIKHUMBUZO	HN060000250
68	GIDEON VUSUMUZI NTOMBELA	HN060000224
69	MBUKENI MUSAWENKOSI NTSELE	HN060000065
70	ROBERT MPHATHENI NTSHANGASE	HN060000044
71	EUNICE BUSISIWE NTULI	HN060000143
72	LIZZY NOKUBONGA NTULI	HN060000221
73	BONGUMUSA ENOCK NXUMALO	HN060000157
74	BERNADET PAWANDIWA	HN060000206
75	THILOGRAN THIRPATHIE PILLAY	HN060000202
76	ANNA MAGRIETA RADFORD	HN060000230
77	AKASH RAMPERSAD	HN060000195
78	HESTER ROODT	HN060000248
79	CELESTE ROSSOUW	HN060000180
80	SIXOLELO SIKHUMBUZO SHABANGU	HN060000161
81	JABULANI THOKOZANI SHANDU	HN060000163
82	ELIAS KUQA SHEZI	HN060000148
83	BEKEZELA GOODMAN SIBISI	HN060000135
84	CEBELENKOSI JEKONIA SIBIYA	HN060000120
85	FIKILE SINDISIWE SIBIYA	HN060000019
86	MFANAFUTHI HERBERT SIBIYA	HN060000225
87	MUZIKAYIFANI AMON SIBIYA	HN060000164
88	NELISIWE APPRINAH SIBIYA	HN060000088
89	THULISWA MCBETH SIKHOSANA	HN060000222
90	THABANI MVIKELENI THUSINI	HN060000240
91	WEZIWE NSIKELELO TSHABALALA	HN060000189
92	ZAMEKA MONICA YAMILE	HN060000249
93	KHANYISILE BEATRICE ZONDI	HN060000156
94	BUSISIWE ZIBUYISILE ZULU	HN060000220
95	SIPHIWE JESTA ZULU	HN060000242
96	ZANELE ELIZA ZULU	HN060000045
97	ISABEL THANDAZILE ZUNGU	HN060000243
98	MELUSI SABELO ZUNGU	HN060000244
99	PHAKAMISIWE SEBENZILE ZUNGU	HN060000074
100	ROSE ZUNGU	HN060000170

Part B – List of employees seconded to the Institute from the Chief Directorate: Heritage within the KwaZulu-Natal Office of the Premier

(Section 62(10))

No.	Full names and surname	Persal number
1	SIBONISO SIFISO DLAMINI	63459922
2	SIPHEPHILE CEBISILE MASUKU	63364425
3	VIKINDUKU VICTOR MNCULWANE	22187286
4	THUTHUKILE CAROL MTHETHWA	61908258
5	NQOBILE LOVENESS NGEMA	22778063
6	BONGISIWE MAGDALENA NZAMA	61795950
7	ACQUIRANCE VUSUMUZI SHONGWE	61996050

Schedule 2 (Section 43(1))

Specially Protected Heritage Resources

A – Zululand District Municipality (DC 26),

established by Provincial Notice No. 348 of 19 September 2000, which was subsequently amended by Provincial Notice No. 462 of 1 December 2000, Provincial Notice No. 501 of 29 December 2000, Provincial Notice No. 97 of 15 March 2001, Provincial Notice No. 135 of 12 April, 2001, Provincial Notice No. 299 of 13 August 2001, Provincial Notice No. 461 of 13 December 2001 and Provincial Notice No. 468 of 4 December 2002, Provincial Notice No. 472 of 5 December 2002 and Provincial Notice No. 494 of 30 June 2003.

1. Abaqulusi Local Council

Heritage resource	Landmark status heritage (section 44) Provincial (section 45)	Erf / Farm no.	Title deed description	GPS coordinates
1. Magistrate's Offices and Jail, Vryheid	Provincial	Lot 997Vryheid	T7266/1989 dated 30 March 1989	S27 46.051E30 47.700
2. North and South Gun Points: Lancaster Hill Battlefield, farm Vryheid, Vryheid District	Provincial	Portion of Rem. of Townlands of Vryheid (at Trig Beacon Fort West No. 359)	G6711/1904 dated 22 December 1905	S27 45.253E30 46.69727° 46’ 0.9984" S,30° 48' 0“ E
3. Old Bantu Administration Building, Landdrost Street, Vryheid	Provincial	Erf 997 (Cons. 122 and Rem. of Lot 124) Vryheid	T7266/1989 Certificate of Registered Crown Title 103/1954, dated 1 October 1954	S27 46.048E30 47.74827° 46' 2.8812" S,30° 47' 44.88" E
4. Old Carnegie Library, Landdrost Street (Cnr Mark), Vryheid	Provincial	Portion 1 of Erf 124 Vryheid	T27272/1984Crown Grant 7229/1908, dated 21 February 1908	S27 46.111E30 47.775
5. Old New Republic Raadsaal and Fort (including area between this site and Old Carnegie Library), Vryheid	Provincial	Sub. 1 of Lot 997 Vryheid	T7267/1989	S27 46.081E30 47.762
6. Police Station, Landdrost Street (Cnr Church), Vryheid	Provincial	Erf 997 Vryheid	T7266/1989	S27 46.025E30 47.739
7. Vryheid High School Hall, Church Street, Vryheid	Provincial	Erven 87 and 88 Vryheid	T15440/1999 T2224/1903, dated 20 August 1903. (par.3 and 4)	S27 46.200E30 46.98927° 46' 10.0416"S,30° 47’ 9.168" E
8. Boshof House, 219 East Street, Vryheid	Heritage Building	Rem. of Erf 454 Vryheid (Village) Erf granted in 1895. 10/2/878	T41516/2004 T2258/1978, dated 22 February 1978 (endorsement p.3)	S27 45.467E30 47.667
9. Dutch Reformed Church, 131 High Street (Cnr President and Church), Vryheid	Heritage	Sub. 4 of Erf 672 Vryheid	T20106/1970	S27 46.064E30 47.512
10. Kambula Battlefield, farm Kambula 381, Vryheid District	Heritage Place	Fig. ABCDEA on SG Diagram LG 1771/1983 on Rem. of Sub. A of farm Kambula Erf 381 [Sub. 1]	T14098/1965	S27 41.086E30 39.908
11. 58 President Street, Vryheid	Heritage	Rem. of Lot 209 Vryheid	T21686/2005	S27 46.493E30 47.617
12. 95 President Street, Vryheid	Heritage	Sub. 3 of Erf 158 Vryheid	T16751/1997	S27 46.306E30 47.529

2. eDumbe Local Council

Heritage Resource	Landmark Status Heritage (section 44) Provincial (section 45)	Erf / Farm No.	Title Deed Description	GPS coordinates
1. Kruger Bridge, farms Uitval 195 and Eersteling 690	Provincial	Kruger Bridge Monument site SG No. 4689/1965 Districts Utrecht and Vryheid (on Rem. of Eersteling 690)	T3932/2006	S27 31.262E30 49.091
2. Old Residency, Paulpietersburg	Provincial	Sub. 1 of Erf 532 Paulpietersburg	T20726/1986	S27 25.796E30 49.27927° 25' 44.7312"S, 30° 49'13.6524" E
3. Library,(Kruger Church) 27 Smit Street	Provincial	Lot 573 Paulpietersburg	T4153/1992	S27 25.284E30 48.94627° 25’ 18.8436"S, 30° 48'52.9488"

3. Ulundi Local Council

Heritage Resource	Landmark Status Heritage (section 44) Provincial (section 45)	Erf / Farm No.	Title Deed Description	GPS coordinates
1. Piet Retief's Grave, farm Uitzoek 317	Provincial	Piet Retief's Grave of Uitzoek 317 District Vryheid	T35529/1999	S28 25.503 E31 16.03428° 25’ 38.046" S, 31° 16' 12.6696" E
2. Mgungundlovu, farm Moordplaats 193	Provincial	Sub. 3 (of 2) of Moordplaats No. 193 and Sub. 2 of Moordplaats No. 193 District Vryheid	T12097/2000T31004/1995	S28 26.168E31 16.03128° 26' 9.7224" S,31° 16' 2.9136" E
3. Mpande’s Grave and Nodwengu Homestead	Provincial	Sub. Mpande’s Kraal of Reserve No. 20, No. 15840 County of Zululand	T69142/2002(G7638/1909)	S28 17.914E31 25.582
4. Ulundi Battlefield, Mahlabatini District	Provincial	Sub. Ulundi Battlefield of Reserve No. 20, No. 15840 Zululand	G7638/1909	S28 18.670E31 25.584
5. Ondini II: King Cetshwayo kaMpande’s Royal Residence, Ulundi Mahlabatini District	Provincial	Sub. Cetshwayo’s Kraal of Reserve No. 20, No. 15840 County of Zululand	T69142/2002P.T.O. ref.no. 9 May 1994	S28 19.108E31 27.432
6. Ondini III, Ulundi Mahlabatini District	Provincial	Sub. 12 of Reserve No. 20 7638	P.T.O. ref no.9/5/15/7dated 19April 1994	S28 19.320E31 27.692
7. eMakhosini (Graves of Zulu Kings), Ulundi Mahlabatini District	ProvincialKing NkosinkuluKing ZuluKing PhungaKing NdabaKing JamaKing Senza- ngakhonaKing Mageba	Moordplaats No. 193Slabatinie No. 419Heelgoed No.218Pandasgraf No. 189Welgekozen No. 191Welgekozen No. 191Pandasgraf No. 189	T12097/2000T3428/89T21574/97T591/98T11289/97T11289/97T591/98	S228 23.873E31 15.978S2825.406E31 08.177S2825.425E31 13.322S28 23.042E31 13.047S28 23.250E3114.899S28 23.193E3116.089S28 23.042E31 13.047
8. Ngqengelele kaMvulane (Buthelezi) Monument, Ulundi Mahlabatini District	Provincial	“150 m² metres at Mabedlane” on Rem. of Reserve No. 20 No. 15840 Mhlabathini District	P.T.O. ref no. 9/5/15/11 dated 19 April 1994	S28 21.6E31.18.0

B – uThungulu District Municipality (DC 28),

established by Provincial Notice No. 346 of 19 September 2000, which was subsequently amended by Provincial Notice No. 462 of 1 December 2000, Provincial Notice No. 501 of 29 December 2000, Provincial Notice No. 97 of 15 March 2001, Provincial Notice No. 135 of 12 April, 2001, Provincial Notice No. 299 of 13 August 2001, Provincial Notice No. 388 of 11 October 2001, Provincial Notice No. 461 of 13 December 2001, Provincial Notice No. 131 of 25 April 2002, Provincial Notice No. 468 of 4 December 2002 and Provincial Notice No. 494 of 30 June 2003.

1. Mbonambi Local Council

Heritage Resource	Landmark Status Heritage (section 44) Provincial (section 45)	Erf / Farm No.	Title Deed Description	GPS coordinates
1. St Lucia Lighthouse, Farm Stateland 7038, Lower Umfolozi District	Provincial	Sub. 1 of Reserve No. 415823 District of Lower Umfolozi	T3483/1951	S28 23.106E32 25.429

2. Umlalazi Local Council

Heritage Resource	Landmark Status Heritage (section 44) Provincial (section 45)	Erf / Farm No.	Title Deed Description	GPS coordinates
1. Fort Nonquai, Eshowe: Zululand Museum	Provincial	Lot No. 415 Eshowe Township	T9266/1986	S28 54.217E31 26.816
2. Fort Eshowe (KwaMondi), Eshowe	Provincial	Fort Eshowe site on KwaMondi Mission Station and Rem. of Reserve 17, 7638 District of Zululand (now Portion 12 Farm 15837)	T7102/2002	S28 53.596E31 29.810 .
3. Eshowe Jail, John Ross Highway, Eshowe	Provincial	Lot 523 Eshowe Townlands	G7409/1909	S28 54.138E31 27.969
4. Old Residency, Eshowe	Provincial	(Sub. 2 of) Lot 439 Eshowe	T5224/1979	S28 54.331E31 27.328
5. Eshowe Junior School, 57 Main Street, Eshowe	Provincial	Lot 1139 Eshowe	T15452/1999	28° 54’ 7.4304” S,31° 27' 29.3148”ES28 54.070E31 27.450
6. Raffia Palms, Lot 162, Mtunzini	Provincial	Lot No. 162 Mtunzini Township S.G. No. 609/52	T25878/1991	S28 57.349E31 46.165
7. Fort Tenedos, farm Alliance 14837	Heritage	Sub. A of Lot No. 15 Tugela, No. 8876 County of Zululand	T12173/1994	S29 12.445E31 26.071
8. Tugela Battlefield, Lot 14 Farm Tugela10600	Heritage	"Site of Battle of Tugela” Figure ABCD on Lot No. 14 Tugela, No. 10600 County of Zululand	T12962/2003	S29 10.181E31 26.506

C – Umkhanyakude District Municipality (DC 27),

established by Provincial Notice No. 347 of 19 September 2000, which was subsequently amended by Provincial Notice No. 462 of 1 December 2000, Provincial Notice No. 501 of 29 December 2000, Provincial Notice No. 97 of 15 March 2001, Provincial Notice No. 135 of 12 April, 2001, Provincial Notice No. 299 of 13 August 2001, Provincial Notice No. 388 of 11 October 2001, Provincial Notice No. 461 of 13 December 2001, Provincial Notice No. 131 of 25 April 2002, Provincial Notice No. 468 of 4 December 2002 and Provincial Notice No. 494 of 30 June 2003.

1. Jozini Local Council

Heritage Resource	Landmark Status Heritage (section 44) Provincial (section 45)	Erf / Farm No.	Title Deed Description	GPS coordinates
1. Sycamore Figs Riverine Forest, farm Kleinspan 14182, Ubombo District	HeritageHeritage Conservancy	Farm Kleinspan 14182, Ubombo District (no record of individual portions)	Land Register microfilm ref.: 1995 0403 0270T18690/1988 27 July 1988	S27 55.416E32 19.572

D – Sisonke District Municipality (DC 43),

established by Provincial Notice No. 344 of 19 September 2000, which was subsequently amended by Provincial Notice No. 462 of 1 December 2000, Provincial Notice No. 501 of 29 December 2000, Provincial Notice No. 97 of 15 March 2001, Provincial Notice No. 135 of 12 April, 2001, Provincial Notice No. 299 of 13 August 2001, Provincial Notice No. 388 of 11 October 2001, Provincial Notice No. 461 of 13 December 2001, Provincial Notice No. 131 of 25 April 2002, Provincial Notice No. 468 of 4 December 2002 and Provincial Notice No. 494 of 30 June 2003.

1. KwaSani Local Council

Heritage Resource	Landmark Status Heritage (section 44) Provincial (section 45)	Erf / Farm No.	Title Deed Description	GPS coordinates
1. Mpongweni Cave, Cobham State Forest, Underberg District	Provincial	Unregistered State land known as Mpongweni, composition portion 8 of Cobham State Forest	N/AUnregistered State land	S29 41.270E29 21.570
2. Himeville Fort, Arbuckle(Cnr George) Street, Himeville	Provincial	Portion of Lot 36 Himeville(SG 3556/1978 Figure ABCDEFHA)	T6898/1979	S29 44.983E29 30.755
3. Old Residency, Arbuckle (Cnr Clayton) Street, Himeville	Provincial	Portions of Lot 49 and Lot 50 Himeville	T29/1988	S29 44.813E29 30.834S29.74970E29.51230
4. Underberg District War Memorial, 36 Arbuckle Street, Himeville	Provincial	Lot 37 Himeville	T4547/1979	S29 44.937E29 30.753
5. Himeville Fort (undeclared portion) Arbuckle (Cnr George) Street, Himeville	Provincial	Lot 36 Himeville	T6898/1979	S29 44.813E29 30.834
6. The House, 49 Arbuckle Street, Himeville	Heritage	Lot 14Himeville	T36719/1994	S29 44.844E29 30.770
7. 47 ArbuckleStreet, Himeville	Heritage	Lot 15 Himeville	T22449/2005	S29 44.844E29 30.770
8. The Rectory, 29 Arbuckle Street, Himeville	Heritage	Lot 24 Himeville	T11385/1929	S29 44.064E29 30.756
9. Church of Saint Michael and All Angels, 31 Arbuckle Street, Himeville	Heritage	Lot 23 Himeville	T11384/1929	S29 45.040E29 30.691
10. 11 Arbuckle Street, Himeville	Heritage	Lot 33 Himeville	T14119/1995	S29 45.262E29 30.599
11. Nelton, 53 Arbuckle Street, Himeville	Heritage	Lot 12 Himeville	T17530/2005	S29 44.812E29 30.784
12. Himeville Magistrate's Residency, 39 Arbuckle Street, Himeville, Underberg District	Provincial	Erf 39 Himeville	T29/1988	29° 44.813S29° 30.834 E29° 44' 59.5176" S,29° 30' 43.5384" E

2. Greater Kokstad Local Council

Heritage Resource	Landmark Status Heritage (section 44) Provincial (section 45)	Erf / Farm No.	Title Deed Description	GPS coordinates
1. Bandstand, Main Street, Kokstad	Provincial	Lot 368 Kokstad	TGE6415/1897 dated July 1897	S30 32.856E29 25.460
2. Kokstad Museum, 104 Main Street, Kokstad	Provincial	Erven 464 and 463 Kokstad	T17215/1960 dated 4 November 1960	S30 32.818E29 25.465
3. Old Town Hall, Main Street, Kokstad	Provincial	Lot 367 and 368 Kokstad	T5991/1897 TGE6415/1897 17 July 1897	S30 32.869E29 25.461

E – iLembe District Municipality (DC 29),

established by Provincial Notice No. 345 of 19 September 2000, which was subsequently amended by Provincial Notice No. 462 of 1 December 2000, Provincial Notice No. 501 of 29 December 2000, Provincial Notice No. 97 of 15 March 2001, Provincial Notice No. 135 of 12 April, 2001, Provincial Notice No. 299 of 13 August 2001, Provincial Notice No. 388 of 11 October 2001, Provincial Notice No. 461 of 13 December 2001, Provincial Notice No. 131 of 25 April 2002, Provincial Notice No. 468 of 4 December 2002 and Provincial Notice No. 494 of 30 June 2003.

1. KwaDukuza Local Council

Heritage Resource	Landmark Status Heritage (section 44) Provincial (section 45)	Erf / Farm No.	Title Deed Description	GPS coordinates
1. King Shaka Memorial, King Shaka Street, Stanger	Provincial	Lots 169 and 170 Stanger	T22996/1991	S29 20.397E31 17.666
2. Fort Pearson, farm William 15437, Lower Tugela District	Provincial	Farm Pearson No. 51718 15437	T1836/1987 (and included in Schedule 2 to Proclamation Notice No. 35,1987 dd 24 September 1987 for Harold Johnson	S29 12.719E31 25.735
			NatureReserve)
3. Ultimatum Tree, farm Lot 5 2612, Lower Tugela District	Provincial	Farm Lot No. 5 2612 (Cons. into Farm Pension Fund No. 17691)	T76339/2003	S29 12.899E31 26.093
4. Stanger South School, Balcomb (Cnr Albert Luthuli) Street, Stanger	Provincial	Portions of Erven 249 - 258 (formerly Lots 1-10) Stanger	T4714/1884	S29 20.526E31 17.456
5. Old Fort Police Station, Rood Street, Stanger	Provincial	Erf 90 Stanger	T36866/1996	S29 20.239E31 17.451
6. Isivundu House, farm Isivundu 1954, Lower Tugela District	Heritage	Farm Isivundu 1954, Kearsney- Doomkop Health Committee area, County of Victoria	T662/1944	S29 18.470E31 14.955
7. Kearsney Methodist Chapel, farm Kearsney 2201, Lower Tugela District	Heritage	Sub. A of the farm Kearsney 2201, County of Victoria [Sub. 1]	T62158/2005 12182/197011 August 1970	S29 17.093E31 14.234
8. Morewood Sugar Mill Memorial Garden, Farm Compensation 868, Lower Tugela District	Heritage	Portion 62 of the farm Compensation 868, District of Lower Tugela	T6289/1956	S29 29.995E31 10.234
9. Chief Albert Luthuli Homestead, farm Charlottedale 6014, Lower Tugela District	Heritage	Erf 47, Charlotte Dale Township	T3960/1936	S29 23.372E31 14.668
10. Bogmore, farm Compensation 868, Lower Tugela District	Heritage	Sub. 3 of the farm Compensation 868, Lower Tugela District	T15231/1989	S29 30.529E31 11.971
11. Grave of Chief Albert Luthuli, Farm Charlottedale 6014, Lower Tugela District	Heritage	Not available	Not available T390/1936	S29 23.192E31 15.373

F – Ugu District Municipality (DC 21),

established by Provincial Notice No. 353 of 19 September 2000, which was subsequently amended by Provincial Notice No. 462 of 1 December 2000, Provincial Notice No. 501 of 29 December 2000, Provincial Notice No. 97 of 15 March 2001, Provincial Notice No. 135 of 12 April, 2001, Provincial Notice No. 299 of 13 August 2001, Provincial Notice No. 388 of 11 October 2001, Provincial Notice No. 461 of 13 December 2001, Provincial Notice No. 131 of 25 April 2002, Provincial Notice No. 468 of 4 December 2002 and Provincial Notice No. 494 of 30 June 2003.

1. Hibiscus Local Council

Heritage Resource	Landmark Status Heritage (section 44) Provincial (section 45)	Erf / Farm No.	Title Deed Description	GPS coordinates
1. Paddock Station, Paddock, Port Shepstone District	Provincial	Rem. of Sub. B of The Paddock 7998), County of Alfred [Sub 2]	T858/1916 8274/1948 21 August 1948 3180/1951 25 April 1951	S30 45.868E30 14.728
2. Old Police Fort, Port Shepstone	Provincial	Portion of Rem. of Lot 170, Port Shepstone	T12992/1978	S30 44.058E30 26.927
3. Port Shepstone Lighthouse, Port Shepstone	Provincial	Sub. 15 of Lot 156, Port Shepstone	T26822/199328 September 1993	S30 44.528E30 27.511
4. Izotsha River Railway Bridge, Port Shepstone District	Provincial	Sub. 1 of Lot 1174, Shelley Beach and Marburg Commonage 12225, Port Shepstone District	T21444/2002	S30 47.045E30 25.475
5. Kneisel's Castle, 24 Reynolds Street, Port Shepstone	Heritage	Lot 1622 Port Shepstone	T16240/1994 T3532/1978 20 March 1978	S30 44.222E30 26.913
6. Royston Hall, 10 Royston Lane, Umtentweni	Heritage	Lot 949 Umtentweni, District of Port Shepstone	T10742/1995	S30 42.704E30 27.200

G – Amajuba District Municipality (DC 25),

established by Provincial Notice No. 349 of 19 September 2000, which was subsequently amended by Provincial Notice No. 462 of 1 December 2000, Provincial Notice No. 501 of 29 December 2000, Provincial Notice No. 97 of 15 March 2001, Provincial Notice No. 135 of 12 April, 2001, Provincial Notice No. 299 of 13 August 2001, Provincial Notice No. 388 of 11 October 2001, Provincial Notice No. 461 of 13 December 2001, Provincial Notice No. 131 of 25 April 2002, Provincial Notice No. 468 of 4 December 2002, Provincial Notice No. 494 of 30 June 2003 and Provincial Notice No. 203 of 10 February 2005.

1. Newcastle Local Council

Heritage Resource	Landmark Status Heritage (section 44) Provincial (section 45)	Erf / Farm No.	Title Deed Description	GPS co-ordinates
1. Town Hall, Scott Street, Newcastle District	Provincial	Portion 2 of Lot 433 Newcastle	N/A State-owned T938/1897 15 June 1897	S27 45.457E29 55.907
2. Old Carnegie Library, Voortrekker Street, Newcastle District	Provincial	Rem. of Lot 435 Newcastle	T6782/1905	S27 45.385E29 55.945
3. Old Magazine, Scott Street, Newcastle District	Provincial	Lot 13051, Newcastle (figure ABCD on Diagram SG 2570/1977)	T3217/1978	S27 45.121E29 56.379
4. Fort Amiel, Fort Street, Newcastle District	Provincial	Lot 4589 Newcastle (Extension 22)	T4138/1973 16 March 1973	S27 44.762E29 55.271
5. Buffalo River Bridge, farms Milton 1007 and Kromellenboog 170, Newcastle District	Provincial	Portions of farms Milton 15007 and Homer 8692, County of Klip River	T4292/1977	S27 40.660E30 02.364
6. Old Residency, 96 Allen Street, Newcastle	Provincial	Lot 11902 Newcastle	T5929/1994	S27 45.857E29 56.513
7. Old State School, Albert (Cnr Havelock) Street, Charlestown	Provincial	Lot 199 Charlestown	T2224/1996	S27 24.585E29 52.622S27.425031E29.870785999999953
8. Old Court House, Holland Street, Charlestown	Provincial	Rem. of Lot 312 Charlestown	G34/1951 T10372/1953 T6840/2002	S27 24.585E29 52.622S-27.413281E29.8733439999999 75
9. Battlefield, farm Majuba North 11267, Newcastle District	Heritage	Farms Majuba North No. 11267, Majuba South No. 10614 and Laing’s Nek A, No. 8441, Klip River County	T2755/1998T40379/2004T40379/2004T16196/1978 24 November 1978	S27 28.617E29 50.911
10. Majuba Battlefield: Conservation Area, Farm Majuba North 11267, Newcastle District	HeritageHeritage Conservancy (unproclaimed area of farm Majuba North No. 11267)	Farm Majuba North No. 11267	T2755/1998	S27 28.617E29 50.911
11. O'Neill’s Cottage, farm Stonewall 3109, Newcastle District	Heritage	Rem. of Sub. 5 Farm Stonewall No. 3109 County of Klip River	T12388/1978	S27 29.255E29 52.131
12. St Dominic’s Academy Pavilion, St Dominic’s Street, Newcastle	Heritage	Consolidated Lot 382, Newcastle Township	T7697/1956	S27 45.669E29 55.290
13. Hilldrop House, Hilldrop Road, Newcastle	Heritage	Sub. 36 (a sub. of 1) of the farm Bosch Hoek 3345, County of Klip River	T7119/2000T28194/1991T16332/1980	S27 47.717E29 56.788
14. Kliphuis, 64 Voortrekker Street, Newcastle	Heritage	Erf 679 Newcastle	T3404/1958	S27 45.679E29 56.184

2. Utrecht Local Council

Heritage Resource	Landmark Status Heritage (section 44) Provincial (section 45)	Erf/ Farm No.
1. Pieter Lafras Uys Monument and Grave, Church Street, Utrecht	Provincial	Lot 190Utrecht (situated on)	N/AState owned	S27 39.301E30 19.188
2. OldResidency, 60 Church Street (Cnr van Rooyen), Utrecht	Provincial	Erf 1860 Utrecht	T9368/1978	S27 39.276E30 19.291
3. Magistrate's Court, 57 Voor Street, Utrecht	Provincial	Portion of Erf 190, Utrecht	N/A State owned	S27 39.386E30 19.199
4. Town Hall, 55 Voor Street, Utrecht	Provincial	Rem. of Erf 188 Utrecht	T2103/1921	S27 39.370E30 19.272
5. Old Powder Magazine, President Street, Utrecht	Provincial	Portion of Lot739 Utrecht	G6705/1904T11410/2002T11411/2002	S27 39.572E30 20.491
6. Blood River / Ncome Battlefield, farm Vechtkop 168, Utrecht District	Heritage	Portion of the Township of Blood River, on rem. of Charl Cilliers of A of Vechtkop 168, District of Utrecht	T61494/2002	S28 06.134E30 32.434
7. Dutch Reformed Church, 50 Church Street (Bloem), Utrecht	Heritage	Erf 996 (Cons. from 236, 237 and 238) Utrecht	T32739/1995	S27 39.284E30 19.180
8. George Shaw House, 67 Church Street, Utrecht	Heritage	Erf 246 Utrecht	T14664/1998	S27 39.245E30 19.417
9. Rothman House, 65 Church Street (Cnr van Rooyen), Utrecht	Heritage	Erf 244 Utrecht	T68812/2004	S27 39.249E30 19.384
10. Dirk Uys House, 61 Church Street, Utrecht	Heritage	Sub. 3 of Lot 242 Utrecht	T40972/2002	S27 39.261E30 19.333
11. Old Dutch Reformed Church Parsonage (De Oude Pastorie), Church (Cnr Loop) Street, Utrecht	Provincial	Sub. 1 of Erf 192 Utrecht	T3591/1942	S27 39.348E30 19.114

H – eThekwini Municipality (Durban Metro) (DC 25),

established by Provincial Notice No. 343 of 19 September 2000, which was subsequently amended by Provincial Notice No. 461 of 1 December 2000, 135 of 12 April, 2001, Provincial Notice No. 299 of 13 August 2001, Provincial Notice No. 460 of 13 December 2001, Provincial Notice No. 461 of 13 December 2001, Provincial Notice No. 649 of 28 April 2005.

1. eThekwini Metropolitan Unicity Municipality

Heritage Resource	Landmark Status Heritage (section44) Provincial (section 45)	Erf / Farm No.	Title Deed Description	GPS coordinates
1. Old Fort, KE Masinga Road, Durban	Provincial	Erf 11649 Durban	G1685/1935	S29 51.098E31 01.536
2. Local History Museum, Samora Machel Street, Durban	Provincial	Lot 3 No. 9594 Durban (now Erf 11090)	G9594/1920Deed of Grant 9594/1914, dated 9 June 1914	S29 51.518E31 01.670
3. City Hall and Francis Farewell Gardens, 263 Dr Pixley KaSeme Street (Cnr Anton Lembede and Dorothy Nyembe), Durban	Provincial	Rem. of Erf 1 Durban	Grant 1737 dated 27 July 1855 T3502/1928	S29 51.523E31 01.516
4. Main Post Office, Dr Pixley KaSeme Street (Cnr Dorothy Nyembe), Durban	Provincial	“Lot Post Office” of block Market Square, Durban (now Erf 11722)	T20208/1990T85Z1914, dated 15 January 1914	S29 51.486E31 01.507
5. Wild Fig Trees, Dr Pixley KaSeme Street Street (Cnr Church), Durban	Provincial	Portion 2 of Erf 11718	T3001/1964 dated 24 March 1964	S29 51.471E31 01.592
6. Old Point Railway Station, 111 Mahatma Gandhi Road, Durban	Provincial	Point SAR 1 No. 13200,Durban (now Erf 10031)	T1872/1944 dated 22 March 1944	S29 52.267E31 02.613
7. Beachwood Mangroves, SWAPO Road, Durban	Provincial	Rem. of Graham 12774, per Diagram SG 2114/1937; area shown as "Lagoon” et al County of Victoria	N/AUnregistered State land The remained of Graham 12774, according to Diagram SG 2114/1937, Deed of T 31451954	S29 47.847E31 02.667
8. Howard Memorial College, 267 Mazisi Kunene Road Durban	Provincial	Rem. of Portion 1 of Erf 487 Cato Manor	T2465/1932 dated 29 October 1932	S29 51.999E30 58.973
9. Memorial Tower Building, 267 Mazisi Kunene Road, Durban	Provincial	Rem. of Portion 1 of Erf 5702 487/ & 490 Cato Manor	T2465/1932	S29 51.999E30 58.973
10. Sastri College, 20 Winterton Walk, Durban	Provincial	Erf 3184 (and 3185) Durban	T7031/1954 Par. 1 and 2 20 August 1954	S29 51.082E31 00.554
11. Bellair Railway Station, 945 Sarnia Road, Durban	Provincial	Sub. 2 of Lot 52, Bellair	T50/1944 dated 8 January 1944. (par. 2)	S29 53.423E30 57.270
12. Congella Battlefield, Maydon Road, Durban	Provincial	Erf 10011/1737 Durban	T4653/2001TI3421I905. dated 30 Jun 1905	S29 52.922E30 59.740S29°52'38.9964"E30°59'49.9812"
13. Durban Indian Girls Secondary School, 88 Carlisle Road (Gladys Manzi), Durban	Provincial	Erf 3331 Durban	T9591/19577 November	S29 51.017E31 00.849
14. Natal Herbarium, 4 Problem Mkhize Crescent, Durban	Provincial	Sub. 5 of Lot 3174 Durban	T2027/1914T2027/1914, dated 29 September 1914	S29 50.866E31 00.312
15. Dr JL Dube (King’s) House, EastbourneRoad, Durban	Provincial	Erf 625 Durban	T1940/1904 dated 16 August 1904	S29 49.511E31 00.875
16. War Department Lords’ Ground Boundary Marker No. 2, KE Masinga Road, Durban	Provincial	Rem. of Erven 11162, 11163, Erf 12380 (from 11164) and Erf 11702, Durban	T1102/1896T8784/1993T13385/1996T53370/2000T793/1912Durban, situated in the City of Durban. Deed of Transfer T793/1912, dated 30 April 1912	S29 51.119E31 01.386
17. Passive Resistance Site, Umbilo Road (Cnr Magwaza Maphalala), Durban	Provincial	Lot 8264, Durban	T73/1962 dated 10 January 1962	S29 52.285E30 59.681
18. (Facade of) Old Greenacres Building, 409 Dr Pixley KaSeme Street, Durban	Heritage	Portion 4 of Lot 11017, Portion 1 of Erf 11019 and Rem. of Erf 11019, Durban		S29 51.544E31 01.178
19. Elephant House, 745 Peter Mokaba Ridge Road, Durban	Heritage	Portion 4 of Erf 246 Springfield Sub 4 of AGAR of A of the farm Springfield 802	T29718/1994 Deed of Transfer 19193/1976, November 1976	S29 49.648E31 00.418
20. Glacial Pavement, Carinthia Road, Durban	Heritage	Portion 56 of Erf 127	T4781/19402 October	S29 48.822E31 00.210
21. Supreme Court, 151 Margaret Mncadi Avenue, Durban	Heritage	Portions 45 and 46 of Lot 10004 Durban	T3376/1921 6 September 1921. T600/1903 12 March 1903.Erected 1911. 10/2/797	S29 51.755E31 01.188
22. Riverside Soofie Mosque and Mausoleum, 50 Soofi Sahib Road, Durban	Heritage	Portion4/Portion D1 ofSubdivision Gof Erf 27/Erf 1550Durban North	T2673/1913 1 December (paragraph 1)	S29 48.371E31 02.006
23. Trevean, 258 Wakesleigh Road (Cnr Corumbine), Durban	Heritage	Erf 45 Bellair (Cons. 565) Lot 1 of Subdivision R of the farm	T14177/196713 September	S29 53.078E30 57.146
24. Colinton, 68 Peter Mokaba Ridge Road, Durban	Heritage	Erf 3209 and Portion 3 of Erf 3210 Durban	T33104/1983T3028/1954, 14 April 1954	S29 50.895E30 59.492
25. Queen’s Tavern, 16 Matthews Meyiwa Road, Durban	Heritage	Erf 1357 Durban	T41781/2003	S29 50.490E31 01.243
26. Riche’s Building, 423 Anton Lembede Street (Cnr Masonic), Durban	Heritage	Portion 2 of Erf 10679 Durban	T19631/2001T4909/1952, dated 20 June 1952	S29 51.625E31 01.138
27. 73 Musgrave Road, Durban	Heritage	Portion 18 of Erf 2255 Durban	T3394/1997T6784/1984 dated 23 March 1984	S29 51.048E30 59.977
28. Little Chelsea, 18 Lilian Ngoyi Road, Durban	Heritage	Portion 50 of Erf 1368 Durban	T19702/2004T19695/1973 Dated 23 November 1973	S29 50.243E31 01.135
29. Quadrant House, 114-115 Margaret Mncadi Avenue, Durban	Heritage	Portion 152 of Erf 10004 Durban	T36334/2003T241/1942 10 November 1942	S29 51.681E31 01.454
30. St Louis' Roman Catholic Church, 22 Jacobs Road, Durban	Heritage	Rem. of Erf 775Durban, Dunn Grant 873, Lot 24	T7062/19712 July 1971	S29 54.890E30 58.758
31. Cottam Grove Hotel, 303-309 Florida Road (Cnr Cottam), Durban	Heritage	Portion 3 of Erf 784 Durban	T6853/2002T2673/1962 dated 18 April 1962, (endorsement p-4.)	S29 49.790E31 00.738
32. Monaltrie, 59 Musgrave Road, Durban	Heritage	Portion 1 of Erf 2261 Durban	T46945/2000T29600/1984	S29 51.077E30 59.968
33. Lillieshell, 408 Innes Road, Durban	Heritage	Erf 643, Durban	T10213/1995T2949/88 dated 10 February 1988	S29 49.721E31 00.803
34. 41 Cedar Road, (Cnr Esther Roberts) Congella, Durban	Heritage	Lot 7972, Lot 1 of B Block J Congella of Town Lands of Durban 1737	T6810/198614 April 1986	S29 52.490E30 59.358
35. Umbilo Shree Ambalavanaar Alayam Temple, 890 Vusi Mzimela Road, Durban	Heritage	Portion 1 of Erf 55 being Sub 1 of Sub 30 of Lot SB 7 of Cato Manor 812	T10845/195717 December 1975	S29 52.589E30 57.665
36. Atherton, 295 Florida Road, Durban	Heritage	Erf 785 Durban	T32784/2005T24653/85	S29 49.783E31 00.740
37. Caister Lodge, 264 Musgrave Road, Durban	Heritage	Erf 2222 Durban	T18860/1975 10 December	S29 50.657E31 00.112
38. Portview, 183 Problem Mkhize Road (Cnr Haden), Durban	Heritage	Portion 1 of Erf 3064 Durban	T67271/2002T27292/1992T31256/1983	S29 50.290E31 00.661
39. Dutch Reformed Church, 151 Anton Lembede Street, Durban	Heritage	Portion 5 of Erf 10605, Durban	T1906/19182 July 1918	S29 51.526E31 01.865
40. Durban Light Infantry Head Quarters, 5 DLI Avenue, Durban	Heritage	Rem. of Erf 3427, Durban, and Erf 3428, Durban	T1130/1913 dated 30 May 1913T1861/1922 18 May 1922	S29 50.834E31 00.990
41. Hollis House, 178 Florida Road, Durban	Heritage	Lot 892, Durban	T47126/2000T1794/1996	S29 49.954E31 00.975
42. Kingsleigh Lodge, 241 Alan Paton Road, Durban	Heritage	Lots 5211 and5212, Durban	T15571/1995	S29 51.657E30 59.501

2. Inanda (now part of eThekwini Metropolitan Unicity Municipality)

Heritage Resource	Landmark Status Heritage (section 44) Provincial (section 45)	Erf / Farm No.	Title Deed Description	GPS coordinates
1. Ottawa House, farm Lot 20 1529, Inanda District	Provincial	Erf 2493 Waterloo Extension, Inanda District	T9238/199610 April 1996	S29 39.932E31 02.889
2. Ganesha Temple, 119Marshall Drive, Mount Edgecombe	Heritage	Rem. of Lot 22 on theUmhlanga River, County of Victoria (now Lot 609 Mount Edgecombe)	T50165/2004 T1547/1921	S29 42.100E31 02.108
2. Ganesha Temple, 119Marshall Drive, Mount Edgecombe	Heritage		T50165/2004 T1547/1921
3. Shri Jagannath Puri Temple, 7 Wadd Street, Tongaat	Heritage	Rem. of Lot 79, Tongaat Township	T11703/2005 T2531/1994 T28911/1998	S29 34.504E31 06.670
4. Narainsamy Temple, Inanda Road, Newlands	Heritage	Rem. of Lot 165 Newlands, of the farm Zeekoe Vallei, County of Victoria	T1556/19093 December 1909	S29 46.749E30 58.144
5. John Dube House, Ohlange Institution, Inanda District	Heritage	Sub. 253 (of 90) of the farm Piezang Rivier No. 805	T33658/199322 November 1993	S29 42.267E30 57.733
6. Ottawa Estate Shree Emperumal Temple, Ottawa, Inanda District	Heritage	Rem. of Lot 20 No. 1557 Ottawa Estate, Inanda District	T5619/1990	S29 40.323E31 02.902
7. Old Inanda Surgery and Post Office, Inanda District	Heritage	Remainder Inanda Mission Reserve No. 4579F	G4579/1883	S29'42.135SE030‘55.330S29'42.141E030'55.21
8. Shembe Ebuhleni Village Inanda District	Heritage	Remainder Inanda Mission Tribal Land	Reserve No. 4579 (at the entrance to the village	29'42’09.0"S30'53’22.1”E
9. Shembe Ekupakhameni Inanada District	Heritage	Portion 121 and 257 Tribal Land	of the farm Piezang Rivier No. 805	S29’ 42.540E 30' 57.763
10. Nhlangakazi Holy Mountain Inanda District (At the base of the Mountain)	Heritage	Inanda Farm 467		29' 27’ 59’’S30' 50’ 29”E

3. Pinetown (now part of eThekwini Metropolitan Unicity Municipality

Heritage Resource	Landmark Status Heritage (section 44) Provincial (section 45)	Erf/ Farm No.	Title Deed Description	GPS coordinates
1. Bergtheil Museum, 16 Queens Avenue, Westville	Provincial	Lot 1870 Westville Township	T8898/198320 April 1983	S29 50.093E30 55.835
2. Umbilo Waterworks, Paradise Valley Nature Reserve, Pinetown	Provincial	Rem. of Lot 3064 and Rem. of Lot 3065 Pinetown	T15824/1990	S29 49.959E30 53.369
3. indigo Vats, Paradise Valley Nature Reserve, Pinetown	Heritage	Portion of Erf 3079 Pinetown	T37884/2002	S29 50.203E30 52.985
4. Old New Germany Lutheran Church, Posselt Road (Cnr Rodger Sishi), Pinetown	Heritage	Lot 130 New Germany Township	T28098/1898 T10599/197515 July 1975	S29 47.887E30 53.355
5. Christianenberg Berlin Mission Church, Krause Street, Clermont. Historic Bell Tower	Heritage	Rem. of Lot 214 Christianenberg Township, District of Pinetown	T4667/19774 April 1977	S29 47.840E30 53.769

4. Umzinto (now part of eThekwini Metropolitan Unicity Municipality)

Heritage Resource	Landmark Status Heritage (section 44) Provincial (section 45)	Erf / Farm No.	Title Deed Description	GPS coordinates
1. Green Point Lighthouse, farm Clansthal 1202	Provincial	Sub. 7 of the farm Clansthal 1202, District of Umzinto	T446/1934 15 February 1934	S30 15.020E30 46.728

I – Uthukela District Municipality (DC 23),

established by Provincial Notice No. 351 of 19 September 2000, which was subsequently amended by Provincial Notice No. 462 of 1 December 2000, Provincial Notice No. 501 of 29 December 2000, Provincial Notice No. 97 of 15 March 2001, Provincial Notice No. 135 of 12 April, 2001, Provincial Notice No. 299 of 13 August 2001, Provincial Notice No. 388 of 11 October 2001, Provincial Notice No. 461 of 13 December 2001, Provincial Notice No. 131 of 25 April 2002, Provincial Notice No. 468 of 4 December 2002 and Provincial Notice No. 494 of 30 June 2003.

1. Emnambithi Local Council

Heritage Resource	Landmark Status Heritage (section 44) Provincial (section 45)	Erf / Farm No.	Title Deed Description	GPS coordinates
1. Railway Institute, 316 Murchison Street (Cnr Albert), Ladysmith	Provincial	Erf 730 Ladysmith Crown Grant 4802/1887	T4802/188719 February 1887	S28 33.317E29 47.059
2. Town Hall, Murchison Street (Cnr Queen), Ladysmith	Provincial	Lot 1 Townlands of Ladysmith	T888/1900	S28 33.568E29 46.847
3. The Residency, 11-13 Wright Road, Ladysmith	Provincial	Lot 505 Ladysmith	T1419/190126 July 1901	S28 32.879E29 47.387
4. Platrand Battlefield (“Wagon Hill”), Farm Fourie’s Kraal 1183 (Riet Kuil 1067), Klip River District	Heritage	Sub-Wagon Hill of the farm Fourie’s Kraal No. 1183, and Sub-Wagon Hill of Sub-G, of the farm Riet Kuil No. 1067	T59701/2001T23446/1985	S28 35.402E29 45.509
5. Fort Mistake, farm Quagga's Kirk 1168, Klip River District	Heritage	Rem. of farm Quagga's Kirk 1168, County of Klip River	T5966/196728 April 1967	S28 10.140E29 57.540
6. Pro Nobis, Fort Mistake, Klip River District	Heritage	Rem. of farm Quagga’s Kirk 1168, County of Klip River	T5966/1967	S28 10.490E29 57.240
7. Llandaff Oratory, Van Reenen, Klip River District	Heritage	Lot 115, Van Reenen Township	T17537/1979 31 October 1979	S28 22.599E29 22.713
8. Elandslaagte Battlefield, farm Brakfontein 1046, Klip River District	Heritage	Diagram SG 875/1983 being Sub. 9 (of 7) and Rem. of Sub. 7 of farm Braak Fontein 1046	T898/1928 and T45589/20029 August 1967	S28 25.282E29 58.828
9. Elandslaagte Battlefield: Dutch Corps Monument	Heritage	(a) Monument Site of (sub)Division A of Brakfontein 1046, County of Klip River	T898/1928 6 March 1928 and T45589/2002	S28 25.282E29 58.828
		(b) servitude over Sub. A (Diagram SGO Sub. Vol. 726 dd 16 Feb 1928)
10. Hindu Thirukootam and Shree Ganaser Temple, 113 Forbes Street, Ladysmith	Heritage	Portion 1 of Erf 800 Ladysmith	T4948/1919 15 December 1919	S28 33.647E29 47.126
11. Keer Weder, 25 Keate Street, Ladysmith	Heritage	Portion of Erf 769 Ladysmith	T22024/1993 18 August 1993	S28 33.490E29 46.747
12. Soofie Mosque and Maddressa, 41 Mosque (Soofie) Street, Ladysmith	Heritage	Sub. 3 of Erf 1006 Ladysmith Township	T6567/197712 May 1977	S28 34.236E29 46.657
13. Dutch Reformed Church, 103 Murchison Street, Ladysmith	Heritage	Erf 845 Ladysmith	T2312/1859 circa2 February 1859	S28 33.655E29 46.786
14. Hime Bridge, farm Platberg 1241, Klip River District	Heritage	Rem. of farm Platberg 16318/1241	T4777/1992	S28 21.612E30 00.654
15. Rietfontein Farm, Ladysmith	Heritage	Portion 1 Farm Rietkuil No. 11048	T29/1988	28 .48021929. 828243
16. Aloe Creek uThukela District	Heritage	Portion 40 of the farm Rietkuil No. 1181 and Portion 6 (of 2) of the farm Rietkuil No. 1387	T16800/2008	S28 30.067E29 53.91

2. Umtshezi Local Council

Heritage Resource	Landmark Status Heritage (section 44) Provincial (section 45)	Erf / Farm No.	Title Deed Description	GPS coordinates
1. Bulwer Bridge and Old Toll House, Colenso, Estcourt District	Provincial	Sub. 1 of Lot 116 Colenso Township	G45/196312 June 1963	S28 44.177E29 49.261
2. Fort Durnford, Kemps Road, Estcourt	Provincial	Sub. 1 of Lot 1081 Estcourt Township	G89/1966 dated 15 August 1966	S29 00.882E29 53.30229° 0’ 56.394"S,29° 53’19.1364"E
3. Old Agricultural Hall, Harding Street, Estcourt	Provincial	Lot 149 Estcourt	T5388/1895 26 March 1895	S29 00.540 E29 52.38928° 59’41.874"S,29° 52' 13.206" E
4. Bloukrans Battlefield, farm Rama 929, Estcourt District.Bloukrans Memorial	Heritage	Sub. 20 (of 6) of the farm Rama No. 929	T54685/2006	S28 51.021E29 50.52828° 51’ 1.4976"S, 29° 50’34.53” E
5. Saailaer, farm Zaay Lager 1199, Estcourt District	Heritage	farm Saay Lager No. 1199, District Estcourt	T8467/1989	S29 00.487E29 53.267
6. Marianne Church Ruins, Farm Doveton, Estcourt District	Heritage	Rem. of Wilde Perde Vlei 1004 (now known as Doveton), County of Weenen	T68188/2004 T6019/1940 19 December 1940	S28 47.954E29 30.37928° 47’ 57.228"S, 29° 30’23.8392" E
7. Greystone, Farm Vegt Lager 801, Estcourt District	Heritage	Sub. 19 (a Sub of A) of the farm Vegt Lager 801, County of Weenen	T6212/1995 9008/19682 July 1968	S29 04.306E29 47.907
8. Brynbella Battlefield Stone Wall, farms Glenbello and Stockton, EstcourtDistrict	Heritage	“along boundary line of farms Glenello (prev. Tamboekies Kraal) and Stockton (prev Zuurbraak), County of Weenen”	T9331/1996 T2623/1975 dated 25 February 1975 T7586/1957 dated 3 September 1957T14571/2004	S29 04.471E29 57.410
9. Settler Cottage, 87 Lome Street, Estcourt	Heritage	Lot 126 Estcourt Township	T44964/2001 T5737/1951 dated 18 July 1951 and 4191/1969 dated March 1969 (par.2)	S29 00.681E29 52.639
10. Bartle House, St Gregory College, Estcourt District	Heritage	Erf 139 Frere	T40169/2004 T15232/1990 dated 13 June 1990	S28 53.575E29 46.549
11. Hattingsvlakte 2829DD19 and 22, farm Hatting Vlakte 5865, Estcourt District	Heritage	Rem. of farm Hattings Vlakte 5865, County of Weenen	T66910/2002 T9335/1969 dated 30 May 1969	S28 50.833E29 46.795
12. Ambleside Military Cemetery / National Garden of Remembrance	Heritage	Sub. 18 (of 6) of the farm Varkens Fontein 1138, County of Weenen	T3644/1997 T9572/1966 dated 5 August 1966	S28 44.495E29 47.494
13. Coolamgause Building, Retief Street, Weenen	Heritage	(a) Sub. 1 of Lot 66(b) Sub. 2 of Lot 66, Township of Weenen	T16792/1995 and T16791/1995 T4743/1952 dated 16 June 1952	S28 51.157E30 05.091
14. Abdoolgafoor Goolamsahib Arabian Merchant Retief Street, Weenen	Heritage	(a) Sub. 1 of Lot 66(b) Sub. 2 of Lot 66, Township of Weenen	T16792/1995 and T16791/1995	S28 51.157E30 05.105

3. Okhahlamba Local Council

Heritage Resource	Landmark Status Heritage (section 44) Provincial (section 45)	Erf / Farm No.	Title Deed Description	GPS coordinates
1. Spioenkop Battlefield, farm Rhenoster Fontein 1051	Provincial	Sub. 11 (of 2) of the farm Rhenoster Fontein No. 1051, County of Klip River Diagram SG 1764/1976	T3552/197723 February 1977	S28 38.940E29 31.164
2. Mhlwazini Cave 2829CD57, Farm Solarcliffs 11454	Provincial	Rem. of farm Solarcliffs 11454, District of Bergville	T2758/1963 29 March 1963	S28 43.534E29 18.53428° 57' 20.9412" S,29° 16' 53.958” E
3. Anglo-Boer War Blockhouse, Sharrat Street, Bergville	Provincial	Erf 233 Bergville Subdivision A of Kleinewaterval, Bergville	T15792/1977T47/1895	S28 44.099E29 22.30528° 43' 49.728" S,29° 21'4.3272" E
4. Retiefs Pass, farm Scheepers Hoek 11337 and Bethel 2186	Heritage	Portion of Sub. A of the farm Scheepers Hoek 11337 and Portion of Rem. of farm Bethel 2186, County of Klip River, as shown on Servitude Diagrams SG 4122/1975 and SG 4123/1975	T29933/1995 T14024/1982 T3190/1987 T33693/2001 T4888/1979 T14742/1971 dated 26 August 1971 1716/1942 dated 2 April 1942	S28 27.540E29 14.28728° 34‘ 0.0012" S,29° 9' 29.9988” E
5. Mgoduyanuka 2829CB6, farm Zuur Lager 1040	Heritage	Sub. 8 (now Rem.) of the farm Zuurlager 1040, District of Bergville	T37174/1994 T12133/1963 dated 6 December 1963	S28 41.010E29 13.131

J – Umzinyathi District Municipality (DC 24),

established by Provincial Notice No. 350 of 19 September 2000, which was subsequently amended by Provincial Notice No. 462 of 1 December 2000, Provincial Notice No. 501 of 29 December 2000, Provincial Notice No. 97 of 15 March 2001, Provincial Notice No. 135 of 12 April, 2001, Provincial Notice No. 299 of 13 August 2001, Provincial Notice No. 461 of 13 December 2001, Provincial Notice No. 219 of 20 June 2002, Provincial Notice No. 329 of 5 September 2002, Provincial Notice No. 468 of 4 December 2002 and Provincial Notice No. 494 of 30 June 2003.

1. Endumeni Local Council

Heritage Resource	Landmark Status Heritage (section 44) Provincial (section 45)	Erf / Farm No.	Title Deed Description	GPS coordinates
1. Ryley’s Hill, 79 Karel Landman Street, Dundee	Provincial	Rem. of Lot 1 of Townlands of the Govt Extension of Dundee Proper	T2025/1938 dated 5 May 1938	S28 09.800E30 13.08728° 9‘ 48.2364" S,30° 13' 15.0636" E
2. Thornley Homestead, farm Dundee4339	Provincial	Sub. 727 of farm Dundee 4339, County of Klip River (now Cons. sub. 728)	T2658/1985 T14599/1979 18 September 1979	S28 08.829E30 15.766
3. Talana Battlefield, Farm Dundee4339:	Heritage	Rem. of Portion 348 of the farm Dundee 4339	T14679/1970	S28.155.817E30.260008
4. Magistrate’s Court and Police Station, Gladstone Street (Cnr Beaconsfield), Dundee	Provincial	Erf 1374 Dundee Townlands	T13250/1995	S28 09.725E30 14.05928° 9‘ 43.6536" S,30° 14’ 2.2848" E
5. Dundee High School, Tatham Street, Dundee	Provincial	Lot 1335 Dundee	T2612/19042 November 1904	S28 10.085E30 13.67228° 10’ 6.2832" S,30° 13' 37.2144" E
6. Old Swedish Mission, 77 McKenzie Street, Dundee: Wesleyan Church	Heritage	Erf 3981 Dundee (from Lot 1201 and Lot 1202, Dundee Township	T928/1987T16679/1974 dated 25 September 1974 (paragraphs 6 and 7)	S28 10.038E30 14.099
7. Judith Dutch Reformed Church and Cemetery, farm Paddafontein	Heritage	Sub. A of the farm Paddafontein (No. 3214) in Division of Umsinga County of Klip River	T31685/1997 T1240/1919 dated 26 April 1919	S28 20.430E30 20.677
8. Coniston, 5 Harvey Place, Dundee	Heritage	Sub. 10 of Lot 2160 Dundee	T13023/2002 T55976/1986 dated 9 October 1986	S28 09.395E30 13.82928° 9' 24.1704" S,30° 13’ 49.1952" E
9. Pearson House, 46 Tatham Street, Dundee	Heritage	Rem. of Lot 1338 Dundee Township	T31240/1983 1 December 1983	S28 10.105E30 13.72528° 10' 3.9144" S,30° 13' 42.0816" E
10. Old Boswell's Store, 74 Gladstone Street (Cnr Beaconsfield), Dundee	Heritage	Lot 616, Dundee	T26587/1998 T26587/1988 13 October 1988	S28 09.726E30 14.07428° 9' 43.5564" S,30° 14' 5.5176" E
11. Apostolic Faith Mission Church, 17 Gray Street, Dundee	Heritage	Erf 579 Dundee	T8016/1994 T1132B/197 6 dated 5 July 1976	S28 09.538E30 14.104
12. The Hollies, 29 - 31 Union Street, Dundee	Heritage	Erf 4335, Borough of Dundee	T14460/1998	S28 09.586E30 13.844
13. Karel Landman House, farm Uithoek 1335	Heritage	On the “werf ’ of the farm Uithoek No. 1335, County of Klip River	T31823/1991	S28 14.204E30 08.044

2. Nqutu Local Council

Heritage Resource	Landmark Status Heritage (section44) Provincial (section 45)	Erf / Farm No.	Title Deed Description	GPS coordinates
1. Isandlwana Battlefield	Provincial	Diagram S.G. 549/1972 on Reserve 18, No. 7638,Nqutu District in the County of Zululand	P.T.O. ref. numbers - 9/5/15/20 and 21 dated21 October 1994	S28 21.449E30 39.26128° 21' 14.4468"S,30° 39’ 10.4004"E
2. Prince Imperial Memorial	Heritage	Native Reserve No. 18, Zululand (No. 7638)	P.T.O. ref. no. 9/5/15/15 dated 19 April 1994	S28 07.733E30 47.94228° 7’ 55.4412" S,30° 47' 49.182" E

3. Umsinga Local Council

Heritage Resource	Landmark Status Heritage (section44) Provincial (section 45)	Erf / Farm No.	Title Deed Description	GPS coordinates
1.Shiyane/Rorke’s Drift Battlefield, farm Oscarsberg 2254	Provincial	Portion of the farm Mchjeane 2254, Klip River (known by the name Oscarsberg) Map SG 4104/1973	T11007/1981	S28 21.274E30 32.25928° 20’ 58.0128"S,30° 32’ 36.114" E

4. Umvoti Local Council

Heritage Resource	Landmark Status Heritage (section 44) Provincial (section 45)	Erf / Farm No.	Title Deed Description	GPS coordinates
1. General Louis Botha’s Birthplace, Greytown	Provincial	Sub. B of G of Hartebeest Vlagte No. 1355, County of Umvoti (now Portion 31 of 1355)	T1504/1940 dated 29 August 1930	S29 05.531E30 36.546
2. Greytown Museum, 68 Scott (Cnr Durban) Street, Greytown	Provincial	Sub. 1 of Lot 138 and Sub. 1 of Lot 139 GreytownTownship (now Cons. Erf 1145)	T14453/1986T3639/1974 dated February 1974 (paragraphs 1 and 2)	S29 03.910E30 35.17629° 3' 54.4356" S30° 35' 9.1428" E
3. Town Hall, 3747 Bell Street (Cnr Pine), Greytown	Provincial	Lot 407 Greytown	N/A State-ownedCrown Grant 5695/1898, dated 15 March 1898	S29 03.420E30 35.51029° 3' 34.02" S,30° 35' 34.9584" E
4. Hermannsburg Mission Houses, Hermannsburg School, Hermannsburg	Heritage	On the farm Rem. of Perseverance 1324 near Kranskop, Province of Natal	T54638/2000 T92/1885 dated 10 February 1885	S29 02.495E30 47.92829° 2' 28.59" S,30° 47' 50.9208" E
5. Ruins of Fort Ahrens, farm Perseverance 1324, Hermannsburg	Heritage	Lot A of the farm Perseverance, County of Umvoti, Province of Natal	T1613/1995 T197/1925 dated 22 January 1925	S29 01.707E30 43.859 pending exact GPS location29° 1’ 10.992" S,30° 46’ 49.008" E
6. Hermannsburg Lutheran Church, Hermannsburg	Heritage	Sub. 29 of farm Perseverance 1324 County of Umvoti	T18534/19699 October 1969	S29 02.526E30 47.54729° 2' 33.4032" S,30° 47' 32.8812" E
7. Balmoral Farmhouse and Stables, near Rietvlei, Umvoti District	Heritage	Rem. of the farm Balmoral 13347, County of Umvoti	T7166/2004 T5663/1980 dated 17 March 1980 (par.3)	S29 11.579E30 16.66329° 9’ 3.5748" S,30° 45’ 0.81" E
8. The Bhambatha Memorial Umvoti District	Heritage	Farm Duiker Hoek(also known as Ambush Rock	No. 3283 SG	28’54'45"S,30’33'25" 000328300009

K – Umgungundlovu District Municipality (DC 22),

established by Provincial Notice No. 352 of 1 December 2000, which was subsequently amended by Provincial Notice No. 462 of 19 December 2000, Provincial Notice No. 501 of 29 December 2000, Provincial Notice No. 97 of 15 March 2001, Provincial Notice No. 135 of 12 April, 2001, Provincial Notice No. 299 of 13 August 2001, Provincial Notice No. 388 of 11 October 2001, Provincial Notice No. 461 of 13 December 2001, Provincial Notice No. 257 of 11 July 2002, Provincial Notice No. 350 of 19 September 2002, Provincial Notice No. 468 of 4 December 2002, Provincial Notice No. 494 of 30 June 2003 and Provincial Notice No. 1261 of 7 October 2004.

1. Umngeni Local Council

Heritage Resource	Landmark Status Heritage (section 44) Provincial (section 45)	Erf/Farm No.	Title Deed Description	GPS coordinates
1. Howick Waterfall, Falls View Drive, Howick	Provincial	The figure being Howick Falls Monument as indicated in Diagram S.G. No. 5325/51 dated 21 September 1951, (portion later deproclaimed) - Portion of Townlands	G9118/1917	S29 29.192 E30 14.30629° 29’12.6096"S,30° 14’ 18.6972"E
2. Howick Museum (Old Howick Clinic), 24 Morling Street, Howick	Provincial	Rem. of Lot 7, Howick	T7385/1977 dated 27 May 1977	S29 29.326E30 13.62929° 29’13.3512"S, 30° 13’53.9184" E
3. Cedara College, farm Drie Fonteinen 952, Lions River District. Old Hostel Building	Provincial	Rem. of Sub. A of Drie Fonteinen 952, County of Pietermaritzburg	T1630/1902 T1630/1902 dated 10 July 1902(Par.1)	S29 31.645E30 16.01929° 32' 51.8028"S, 30° 16'0.0264" E
4. Owthorne House, farm Boschhoek 973, Lions River District	Provincial	Sub. A of the farm Bosch Hoek 973, County of Pietermaritzburg	T3189/1947 29 April 1947(par.1)	S29 28E30 16
5. St John’s Gowrie Presbyterian Church, Nottingham Road, Lions River District	Heritage	Portion 132 of the farm Gowrie No. 1930	T36569/2000 T544/1886 dated 19 November 1886	S29 21.232E29 59.78329° 21’17.2404"S, 29° 59’44.3508" E
6. Tweedie Hall, farm Tweedie Hall 11880, Lions River District	Heritage	Portion of the farm Tweedie Hall 11880, County of Pietermaritzburg	T39418/2002	S29 29.338E30 10.593
7. Tweedie Research Station, farm Riversdale 950, Lions River District	Heritage	Sub. 404 of the farm Allemans’ Drift 950 (now Riversdale 950), Midmar Regulated Area, County of Pietermaritzburg	T16382/1997 T18572/1972 dated 20 December 1972	S29 28.572E30 11.62829° 28’ 41.5092"S, 30° 11’ 10.7916" E
8. Fairfell Farmstead, Shafton Road, Howick	Heritage	Sub. 2 of Erf755, Howick	T33539/2003 T33109/1983 dated 21 December 1983	S29 28.722E30 14.388
9. Aird Farmhouse, Lions River District	Heritage	Rem. of Sub. 31 of the farm Petrusstroom 954	T32907/1999	S29 32.256E30 05.45829° 32’ 15.6012”S, 30° 5’
10. The Mandela Capture Site	Provincial	Portion 1 of Farm Little Grange No. 17249	T36218/2012	29° 28 07.9 S30° 10 10.5E

2. Mkhambathini Local Council

Heritage Resource	Landmark Status Heritage (section 44) Provincial (section 45)	Erf / Farm No.	Title Deed Description	GPS coordinates
1. Umhlatuzana Rock Shelter 2930DD98, farm Kirkfalls 14227	Provincial	Sub. 27 of the farm Kirkfalls 14227 in Camperdown District	T11709/1990 dated 15 May 1990	S29 48.280E30 45.22029° 48’ 26.1252"S, 30° 45’20.6856" E
2. Cycads, Monteseel Township	Heritage	Monteseel Cycads Monuments, on B of the farm Kafirdrift No. 906, County of Pietermaritzburg Diagram S.G. No. 5799/51, dated 20 September 1951	T16541/1895	S29 44.183E30 41.14029° 44'9.5172"S, 30° 41’9.2832" E

3. uMshwathi Local Council

Heritage Resource	Landmark Status Heritage (section 44) Provincial (section 45)	Erf / Farm No.	Title Deed Description	GPS coordinates
1. Lutheran Church, New Hanover	Provincial	Portion 33 of farm Mooiplaats, No. 1315, subdivision marked C of the farm Mooiplaats	T3723/1990T427/1859 dated October 1859	29° 21'20.574"S, 30° 31’24.2364" E

4. Mpofana Local Council

Heritage Resource	Landmark Status Heritage (section 38) Provincial (section 39)	Erf / Farm No.	Title Deed Description	GPS coordinates
1. Helen Bridge, Weston, Mooi River District	Provincial	Piece of land named Helen Bridge, being a portion of the Townlands of Mooi River, County of Weenen Crown Grant 11102/1927, dated 5 December 1927	G11102/1927 Crown Grant dated December 1927	S29 21.477E30 33.76129° 12' 18.3636"S, 30° O’ 5.5944"E
2. Military Cemetery / National Garden of Remembrance, Mooi River District	Provincial	Erf 432, Mooi River	T11102/19275 December 1927	S29 13.038E30 00.72929° 13‘ 0.6888"S,30° 0’41.958" E
3. Weston Agricultural College: Doctor's Quarters	Heritage	Farm Weston Training School 13981, County of Weenen	G5/1954	S29 12.815E30 02.112
4. Weston Agricultural College: Commandant’s House	Heritage	Farm Weston Training School 13981, County of Weenen	G5/195421 January 1954	S29 12.815E30 02.114
5. St Theresa Roman Catholic Church	Heritage	Portion 1 of Erf 2, Mooi River subdivision A of Lot 89, Mooi River, of the farm	T3246/1922 dated 6 September 1922	S29 12.437E29 59.36126.676" S,29° 59’21.8148"E

5. Impendle Local Council

Heritage Resource	Landmark Status Heritage (section 44) Provincial (section 45)	Erf / Farm No.	Title Deed Description	GPS coordinates
1. Collingham Shelter 2929BD, farm FP36 7648, Impendle District	Heritage	Farm FS No. 17537 (prev. Rem. of the farm FP.37 No. 7649)	T588/2002 T14577/1986, dated 25 July 1986	S29 38.217E29 40.61429° 47’44.9988"S,29° 27’34.9992"E

6. Richmond Local Council

Heritage Resource	Landmark Status Heritage (section 44) Provincial (section 45)	Erf / Farm No.	Title Deed Description	GPS coordinates
1. Blarney Cottage, farm Dunbar Estate 1478, Richmond District	Provincial	Sub. 2 of farm Dunbar Estate 1478, District of Richmond	T23889/1993 T605/1982, dated 12 January 1982	S29 50.857E30 12.27029° 50'44.4552"S,30° 12'20.9628"E
2. Farm Dunbar Estate 1478: Conservation Area Richmond District	ProvincialHeritage Conservancy	Rem. of Portion 2 of farm Dunbar Estate No. 1478, Registration Division FT, Natal	T20136/2001	S29 52.221E30 22.329SAHRIS GP
3. Richmond and Byrne District Museum, 46 Victoria Street (Cnr Chilley), Richmond	Provincial	Erf 219 Richmond	T24294/19812 October 1981	S29 52.326E30 16.21229° 52' 31.908"S, 30° 16' 41.3544” E
4. Carnarvon Masonic Lodge, 57 Russell Street, Richmond	Heritage	Lot 272, RichmondTownship	T30368/1998 T262/1882, dated 22 March 1882	S29 52.159E30 16.366 SAHRIS GPS29° 52' 9.3324"S, 30° 16' 22.584" E
5. Lynmouth Glacial Pavement, farm Hopewell 881, Richmond District	Heritage	Rem. of the farm Hopewell 881, Richmond District	T17263/1969 dated 19 September 1969	S29 48.941E30 24.502
6. Baynesfield Estate: Baynes House	Heritage	Rem. of the farm Nel’s Rust 849, District of Richmond	T223/1879	S29 45.892E30 20.19029° 45’ 55.6488"S, 30° 20' 26.5884" E
7. Baynesfield Estate: Old Nel’s Rust Dairy	Heritage	Rem. of the farm Nel’s Rust 849, District of Richmond	T223/187928 March 1879	S29 45.892E30 20.19029° 45' 55.6488"S, 30° 20' 26.5884" E
8. Baynesfield Estate: First Cattle Dip	Heritage	Farm Meyer's Hoek 847, Richmond District	T47900/2000	S29 45.892E30 20.19029° 45' 55.6488"S, 30° 20' 26.5884" E
9. Baynesfield Estate: Joseph Baynes Mausoleum	Heritage	Rem. of the farm Nel’s Rust 849, District of Richmond	T223/1879 T24294/1981, dated 2 October 1981	S29 45.892E30 20.19029° 45' 55.6488"S, 30° 20' 26.5884" E

7. Msunduzi Local Council

Heritage Resource	Landmark Status Heritage (section 44) Provincial (section 45)	Erf / Farm No.	Title Deed Description	GPS coordinates
1. Church of the Covenant Vow, Church Street, Pietermaritzburg	Provincial	Sub. 1 of Lot 2534 and Sub. 1 of Lot 2571, Pietermaritzburg	T4092/1936 dated 14 October 1936 andT12924/1966 dated 11 October 1966	S29 35.937E30 22.96829° 35' 56.4324"S, 30° 22' 56.3448" E
2. Old Government House, 1 Langalibalele Street, Pietermaritzburg	Provincial	(a) Rem. of Erf 2501, Lot 1 and(b) Rem. of Erf 2502 Lot 2 Pietermaritzburg	T350/1853	S29 36.654E30 22.218
3. Old Natal Houses of Parliament, 244/245 Langalibalele Street, Pietermaritzburg	Provincial	Rem. of Erf 2569, Lot 25 Pietermaritzburg	G20/1955 S.G. 2916/1966, surveyed by Surveyor H.H. Isherwood in October, 1966	S29 36.158E30 22.787GPS verificationSAHRIS Google Maps29° 36’ 10.8576"S, 30° 22' 46.1748" E
4. Old Voortrekker Road, World’s View Road, Pietermaritzburg	Provincial	"World’s View", Portion of Erf 10 000, Pietermaritzburg (prev. Townlands)	Crown Grant 1687	S29 35.079E30 19.93229° 35' 4.5528"S, 30° 19' 56.0928" E
5. City Hall, 260 Chief Albert Luthuli Road (Cnr Church), Pietermaritzburg	Provincial	Portion of Rem. of Sub. “Market Square" of Pietermaritzburg (now Erf 2526) completed 1893, destroyed by fire in 1898Government Notice 913 of 6 June is hereby repealed	T3502/192818 August 1928	S29 36.089E30 22.781
6. Old Longmarket Street Girls’ School (Voortrekker Museum), 351 Langalibalele Street (Cnr Boshoff), Pietermaritzburg	Provincial	Rem. of Lot 35, Pietermaritzburg (now Erf 2535)	T426/1874 dated 11 August 1874	29° 35’ 58.1568" S,30° 23' 1.122" E
7. Clark House and Victoria Hall, Maritzburg College, College Road, Pietermaritzburg	Provincial	Rem. of Lot 80 of Townlands of Pietermaritzburg	T23352/1999 T98/1862, dated 19 February 1862	S29 37.036E30 22.92529° 36’ 58.4316"S, 30° 22’ 46.6788" E
8. Publicity House, 117 Chief Albert Luthuli Road (Cnr Langalibalele), Pietermaritzburg	Provincial	Portion 1 of Erf 2526 Pietermaritzburg Subdivision A of "Market Square" Crown Grant 12509/1935. Dated 12 February 1935	T12509/1935	S29 36.155E30 22.810
9. Old Presbyterian Church, 252 Church Street, Pietermaritzurg	Provincial	Rem. of Lot 24A, Langalibalele Street, Pietermaritzburg	T1112/1986 T471/1943 dated 3 February 1943	S29 36.133E30 22.722
10. Voortrekker House Museum, 333 Boom Street (Cnr Clayboume), Pietermaritzburg	Provincial	Rem. of sub. 2 of D of 333 Boom Street, Pietermaritzburg	T9014/1975 dated 18 June 1975	S29 35.766E30 22.679
11. Russell High School, 127 Hoosen Haffejee Street (Cnr Peter Kerchoff), Pietermaritzburg	Provincial	Erf 13; Lots 2, 3, 4 and Rem. of Erf 14; and Rem. of Erf 15, Hoosen Haffejee Street, Pietermaritzburg	T1117/1910 T455/1910	S29 36.156E30 22.297
12. Old YMCA Building, 195 Langalibalele Street, Pietermaritzburg	Provincial	(now Erf 2213, 2214 and Portions 2215) Portion 2 of Erf 19, Pietermaritzburg	T3979/1942 dated 1 August 1942	S29 36.282E30 22.66829° 36' 15.8364"S, 30° 22' 38.8848" E
13. Natal Botanical Gardens (and Plane Tree Avenue), Pietermaritzburg	Provincial	(a) Rem. of Lot 212 and(b) Rem. of Sub. 26 of Exchange of the Ordinance Land, City of Pietermaritzburg	T18945/1970 dated 23 November 1970 (paragraphs 1 and 2)	S29 36.268E30 20.87429° 36' 27.27" S,30° 20’ 47.6376"E
14. Girls’ High School, 186 Alexander Road, Pelham, Pietermaritzburg	Provincial	Rem. of Sub. 6 of Lot 374, Pietermaritzburg	T4661/1966 dated 25 April 1966.T63551/2005	S29 37.602E30 23.10929° 37' 28.2684"S,30° 23' 5.856"E
15. Old Natal University Central Block, King Edward Avenue, Pietermaritzburg	Provincial	i) Lot Portion 20 of Erf 1913ii) Portion 74 of Erf 1913 Pietermaritzburg	i) T920/1923 (T35521/2006)ii) T1865/1915 (T35523/2006)(iii) T391/1910, dated 4 April 1910	S29 37.276E30 23.744
16. Main Post Office, 232 Langalibalele Street, Pietermaritzburg	Provincial	Situate of portion of remained of Erf22, known as Erf 2622 and Erf 23, known as Erf 2623, City of Pietermaritzburg	T839/18991 July 1899, (pars.1 and 2	S29 36.209'E30 22.75929° 36' 12.7872"S, 30° 22' 45.6744" E
17. Reid’s Building, 214 Langalibalele Street (Cnr Club Lane), Pietermaritzburg	Heritage	Portion 13 of Erf 2621 (from Portion 4 (5 and 6) of Erf 2621) Pietermaritzburg(a) The Remainder of Sub.E of 21Loop Street,(b) Sub. D of 21 Loop Street Sub 1 of E of 21 Loop Street	T14266/1996 T 7910/1968, dated 12 June 1968, (Par 1, 2 and 3) (endorsement 2.1)	S29 36.234E30 22.73329° 36'14.778" S,30° 22' 42.9888"E
18. Old Remedial Model Primary (Boys’ Model) School, 310 JabuNdlovu Street, Pietermaritzburg	Provincial	i) Lot 2731(ii) Sub. 2 of Lot 2730 and(iii) Sub. 3 of Lot 2730, City of Pietermaritzburg	T816/1864T815/1864	S29 36.121E30 23.012
	Provincial		T816/1864T815/1864	29° 36’ 8.244" S, 30° 23' 1.59” E
19. Town Hill Hospital, Town Bush Road (Cnr Hyslop), Pietermaritzburg: Old Main Administration) and Old North Park Buildings	Provincial	"... certain piece of land known as Kingsbury" (now known as Erf 1860), Pietermaritzburg	T1585/1916 dated 11 August 1916	S29 35.404E30 22.28829° 35’ 17.232"S, 30° 22' 13.3068" E
20. Old Pentrich Railway Station, Woods Road, Pietermaritzburg	Provincial	Rem. of Sub.1 of Lot 198,Pietermaritzburg	T2741/1905 Dated 15 December 1905	S29 38.109E30 22.44329° 38’ 4.812" S,30° 22' 27.8688" E
21. Scottsville Primary School, King Edward Avenue, Pietermaritzburg	Provincial	Situated on the following erven:(i) Lot 74 of the suburb of Scottsville of the Townlands of Pietermaritzburg, Province of Natal, in extent 8 867 (eight thousand eight hundred and sixty seven) square metres.Deed of Transfer 1865/1915, dated 5 November 1915; and(ii) The Remainder of Lot 20 of the suburb of Scottsville of the Townlands of Pietermaritz burg, Province of Natal, in extent 10 588(ten thousand five hundred and eighty eight) hectaresErf 1353Pietermaritzburg	T11748/1970T920/1923, dated 21March 1923	S29 36.899E30 23.96429° 36' 53.244"S, 30° 23'58.8372" E
22. Old Harward Boys’ School, Havelock Road, Pietermaritzburg	Provincial	Sub. D of Outspan No. 3 ofPietermaritzburg	T3959/2004	S29 36.549E30 22.03129° 36' 32.4072"S, 30° 22'0.1344” E
23. Pietermaritzburg Central (Loop) Street Police Station, Jabu Ndlovu Street (Cnr Murray), Pietermaritzburg	Provincial	Erf 2623, Pietermaritzburg	T839/1899 dated 1 July 1899	S29 36.276E30 22.80829° 36' 16.8444"S,30° 22’ 48.486”E
24. 101 Alexandra Road Police Station, Alexandra (Cnr Lindup) Road, Pietermaritzburg	Provincial	(i) Sub. 5 of 1 of Lot 25,(ii) Sub. 13 of 11 of Lot 25, and(iii) Rem. of 11 of Lot 25, Pietermaritzburg	T38/1888 dated 8 February 1888T28/1897 dated 12 January 1897T680/1906 dated 11 April 1906	S29 37.161E30 23.20329° 37' 8.706” S,30° 23' 14.4852"E
25. Fort Napier, Devonshire Road, Pietermaritzburg: Officers’ Mess	Provincial	...situated on Rem. of Erf 3127 Pietermaritzburg	T7095/1944 dated 11 October 1944. (endorsement p.7)	S29 36.887E30 21.99829° 36’ 45.2664”S, 30° 22' 10.5276” E
26 Fort Napier, Devonshire Road, Pietermaritzburg: St George’s Garrison Church	Provincial	... situated on Rem. of Erf 3127 Pietermaritzburg Subdivision A of the Ordinance Property in the County of Pietermaritzburg, Colony of Natal, in extent 1 578	T7095/1944 T1913/1898, dated 22 November 1898	S29 36.881E30 22.17629° 36' 45.738"S, 30° 22' 14.2536" E
27. Fort Napier, Devonshire Road, Pietermaritzburg: Historic Core	Provincial	Rem. of Erf 3127 Pietermaritzburg	T7095/1944 dated 11 October 1944	S29 36.887E30 21.99829° 36' 46.4796”S, 30° 22' 8.1696" E
28. Colonial Building, Old Umgeni Magistrate's Court and Old Police Quarters, 241 Church Street (240 - 244 Pietermaritz and 122 Commercial Road), Pietermaritzurg	Provincial	Sub. 1 of Lot 2424 Pietermaritzburg	T281/1866	S29 36.115E30 22.71029° 36' 5.8788"S, 30° 22' 40.5552" E
29. Old State Veterinary Laboratory: Allerton Laboratories, 458 Town Bush Road, Pietermaritzburg	Provincial	Rem. of Erf 13, Pietermaritzburg	T1742/1897 dated 18 November 1897 (paragraph 1)	S29 34.527E30 21.42529° 34' 27.3432"S, 30° 21’ 18.4212" E
30. Tatham Art Gallery and Adjacent Gardens, Chief Albert Luthuli Road, Pietermaritzburg	Provincial	Sub. 1 of Lot 2569 Pietermaritzburg	T1112/1986 dated 23 January 1986	S29 36.139E30 22.76229° 36’ 8.3988”S, 30° 22' 45,4404" E
31. Old Supreme Court, College Road, Pietermaritzburg	Provincial	Sub. 7 of Lot 80, Pietermaritzburg	T5055/1993 dated 3 March 1993	S29 37.093E30 22.848
32. Old Merchiston School Boarding Hostel, 231 Prince Alfred Street, Pietermaritzburg	Provincial	Erven 2778 and 2779 Pietermaritzburg	T148/1913	S29 36.360E30 23.02829° 36' 25.8336"S, 30° 22’ 57.0576" E
33. Old St Mary’s Anglican Church, Chief Albert Luthuli Road, Pietermaritzburg (Old Grey’s Chapel)	Provincial	(a) Lot 80, Burger Street, Pietermaritzburg	T1112/167	S29 36.310E30 22.96429° 36’ 18.684"S, 30° 22' 57.5328" E
34. Macrorie House, 11 Jabu Ndlovu Street (Cnr Pine), Pietermaritzburg	Heritage	Erf 2780 Pietermaritzburg	T1112/1067 T8512/1966, dated 15 July 1966	S29 36.698E30 22.304-29.611489, 30.371847
35. Italian P.O.W. Church, Epworth Road, Pietermaritzburg	Heritage	Lot 1779 Pietermaritzburg	T11746/1998 dated 17 May 1977	S29 38.159E30 24.710
36. Christian Science Church, 204 Peter Kerchoff Street (Cnr Jabu Ndlovu), Pietermaritzburg	Heritage	Sub. 2 of Lot 15, Burger Street, Pietermaritzburg	T4448/1946 dated 18 June 1946	S29 36.445E30 22.64129° 36' 24.1128"S, 30° 22’ 37.7184" E
37. Overpark, 122 Jabu Ndlovu Street, Pietermaritzburg	Heritage	Portion 1 of Erf 3014 Pietermaritzburg	T18611/1998 T5348/1980, dated 12 March 1980	S29 36.475E30 22.602
38. Sans Souci, 65 Trelawney Road, Pietermaritzburg	Heritage	Sub. 1 of Lot 1772, Pietermaritzburg	T66887/2004T5795/1980, dated 16 March 1980	29° 36' 29.8152”S, 30° 22’34.986" ES29 38.180E30 22.791
39. Wayland, 149 Pietermaritz Street, Pietermaritzburg	Heritage	Sub. 5 (of Sub. A of Lot 14) of Erf 2314 Pietermaritzburg	T38463/2002 T14229/1971, dated 19 August 1971	S29 36.237E30 22.42329° 36' 13.896"S, 30° 22’ 23.9376"E
40. Butine House, 151 Pietermaritz Street, Pietermaritzburg	Heritage	(a) Portion 6 of Sub A of Lot 14, Erf 2314 and(b) Portion 7 of Erf 2315, Sub A of Lot 15, Pietermaritzburg	T8694/2002 T1866/1977, dated 11 February 1977	S29 36.234E30 22.42629° 36' 15.5664"S, 30° 22' 25.626" E
41. Marian Villa, 282 Alexandra Road, Pietermaritzburg	Heritage	Portion 11 of Erf 1232, Pietermaritzburg	T29733/1993 T28045/1980, dated 24 November 1980	S29 37.769E30 23.03629° 37' 44.9688"S, 30° 23’ 2.7852" E
42. Old Satya Vardhak Sabha Crematorium, Cremorne Cemetery, Pietermaritzburg	Heritage	Portion of Rem. of Townlands of Pietermaritzburg	Grant No. 1687/1877 dated 6 December 1877	S29 34.480E30 24.023
43. 238 Boom Street, Central, Pietermaritzburg	Heritage	Erf 2269 Pietermaritzburg	T19918/2005 T64355/1993, dated 19 August 1993	S29 35.906E30 22.510-29.599381, 30.374585
44. Conservatoire de Kammerstein, 141 Alexandra Road, Pietermaritzburg	Heritage	Rem. of Erf 904 Pietermaritzburg	(part of) S.S. 293 of '94 D264 (Sectional title) T25191/1993, dated 14 September 1993	S29 37.267E30 23.191-29.621126, 30.38652329° 37'17.7132"S, 30° 23’ 12.4188” E
45. Norfolk Villa, 196 Jabu Ndlovu Street, Pietermaritzburg	Heritage	Sub. 3 (of 2) of Lot 2719 Pietermaritzburg	T28006/1992 dated 5 November 1992	S29 36.345E30 22.743
46. Dorchester House, 190 Jabu Ndlovu Street, Pietermaritzburg	Heritage	Sub. 5 of Lot 2719/2519 Pietermaritzburg	T1169/1986 T25191/1986, dated 23 January 1986	S29 36.346E30 22.741 29° 36' 21.888"S, 30° 22' 44.9868" E

Nkandla District

1. SiganandaShezi Memoria	Heritage	Farm Devondale No. 11039	GV395/11	28' 30'45"S, 30*54'20"E
2. NdlelakaSompisi Memorial Nkandla District	Heritage	Remainder Reserve No. 19SG No. 15839	NO 371/1994	28’43'30"S,30'55'45”E

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History of this document

14 December 2018 this version

Published in KwaZulu-Natal Provincial Gazette 2029

Commenced

21 November 2018

Assented to

Subsidiary legislation

Title	Numbered title
Kwa-Zulu Natal Amafa and Research Institute Regulations, 2018	Provincial Notice 137 of 2018

Kwa-Zulu Natal Amafa and Research Institute Act, 2018

Taxonomies

Kwa-Zulu Natal Amafa and Research Institute Act, 2018

Act 5 of 2018

Chapter 1Definitions

1. Definitions

Chapter 2Application of Act

2. Application of Act

Chapter 3General principles pertaining to heritage resources and role of responsible Member of Executive Council in heritage matters

3. General principles pertaining to heritage resources

4. Roles of responsible Member of Executive Council in research and heritage matters

Chapter 4KwaZulu-Natal Amafa and Research Institute

5. Establishment of KwaZulu-Natal Amafa and Research Institute

6. Objects of Institute

7. Powers, duties and functions of Institute

8. Annual report and financial statements

9. Constitution and composition of Institute

10. Term of office of member of Council

11. Nominations for membership of Council

12. Declaration of financial or other interests by nominees to Council

13. Failure of member of Council to declare financial or other interests

14. Recusal of member of Council

15. Vacancies, removal and resignation from office of members of Council

16. Meetings of Council

17. Committees of Council

18. Administrative and secretarial work of Council

19. Remuneration of members of Council and reimbursement of expenses incurred by members of Council and committees of Council

Chapter 5Head of Secretariat and Administration and staff of Institute

20. Head of Secretariat and Administration

21. Functions of Head of Secretariat and Administration

22. Appointment and management of staff of Institute

23. Secondment or transfer of staff to Institute

Chapter 6Funding and management of Institute

24. Funds of Institute

25. Financial management and reporting

26. Immovable property

27. Legal proceedings against Council and Institute

28. Security of confidential information held by Council and Institute

29. Use of name of Council and Institute

Chapter 7Amafa and Research Forum

30. Establishment of Amafa and Research Forum

31. Objects of Amafa and Research Forum

32. Composition and membership of Amafa and Research Forum

33. Meetings of Amafa and Research Forum

34. Advice and recommendations by Amafa and Research Forum

35. Rights and obligations of members of Amafa and Research Forum

36. Frequency of, and procedure at, meetings of Amafa and Research Forum

Chapter 8General protection of heritage resources

37. General protection: Structures

38. General protection: Graves of victims of conflict

39. General protection: Informal and private burial grounds

40. General protection: Battlefield sites, archaeological sites, rock art sites, palaeontological sites, historic fortifications, meteorite or meteorite impact sites

41. Heritage resources management

Chapter 9Special protection of heritage resources

42. Protected areas

43. Schedule of specially protected heritage resources

44. Special protection: Heritage Landmark status

45. Special protection: Provincial Landmark status

46. Special protection: Graves of members of Royal Family

47. Special protection: Battlefields, public monuments and memorials

48. Register of Heritage Sites

49. Special protection: Heritage Object status

50. Register of Heritage Objects

Chapter 10Heritage resources management

51. Determination of criteria for best practice, standards, norms and conditions

52. Institute may enter into agreements

53. Responsible Member of Executive Council may expropriate property on which heritage site is situated

54. Consultation procedure where municipal by-law or regulation has bearing on heritage matters

Chapter 11General provisions

55. Appointment of honorary heritage inspectors

56. General offences pertaining to Council and Institute

57. Penalties

58. Regulations

59. Appeals to responsible Member of Executive Council

60. Delegations

Chapter 12Repeal of law, transitional arrangements, validation and short title

61. Repeal of law

62. Transitional arrangements and validation

63. Short title

Schedule 1

Chapter 1
Definitions

Chapter 2
Application of Act

Chapter 3
General principles pertaining to heritage resources and role of responsible Member of Executive Council in heritage matters

Chapter 4
KwaZulu-Natal Amafa and Research Institute

Chapter 5
Head of Secretariat and Administration and staff of Institute

Chapter 6
Funding and management of Institute

Chapter 7
Amafa and Research Forum

Chapter 8
General protection of heritage resources

Chapter 9
Special protection of heritage resources

Chapter 10
Heritage resources management

Chapter 11
General provisions

Chapter 12
Repeal of law, transitional arrangements, validation and short title