National Heritage Resources Act

Section 42 Heritage Agreements (Extract available)


A nation that turns its back on its history, the lessons and experiences of the past, good or bad,  undermines the foundations of its future.

Section 42 of the National Heritage Resources Act enables the Owner of a Heritage Site to enter into an agreement with a Community Based Conservation Body and the relevant Heritage Resources Agency to administer and or maintain a heritage site.

In the Case of Hout Bay’s East Fort, its current Owner is the Department of Defence (SANDF) to whom it was granted as a result of the Defence Endowment Property and Account Act, No 33 of 1922, which made provision for the taking over by the then Union of South Africa, of properties and Accounts previously held by the British Crown ( War Department and Admiralty).

The Conservation Body interested in this case is the Hout Bay & Llandudno Heritage Assn, Est in 1996.

Though East Fort is in a World Heritage Site which is in turn within a National Park, at this stage it is still graded as a Grade II site (Provincial), the grading which it automatically assumed on the promulgation of the Act as it was previously a declared National Monument. It was at that stage, and still is eligible for re-grading to a Grade I site following due process by SAHRA. (This was the likely course to be followed soon after the promulgation of the Act as it was in a National Park and of International importance but to our knowledge to this day it has not been re graded more than 10 years later).

The relevant Heritage Resources Agency is Heritage Western Cape (HWC).

As the land on which the property resides is “State Owned” the Department of Public Works (DPW) administers it and thus will be a party to any formal agreements.

Whilst the property is owned by the SANDF in 1998 it was “appropriated” for inclusion in the Table Mountain National Park (TMNP previously the CPNP) in 1998, however we are told that no written agreement is in existence which was confirmed in a letter from the SANDF to the HB&L HT.