Heritage Law and Its Administration: An Advanced Course
Heritage Law and Its Administration
An Advanced Course
Monday to Friday, Mornings 9am to 1 pm, 17 - 21 August 2026, Exam: 6 September 2026
Objectives
This five-morning ‘remote’ course is aimed at improving the knowledge of professionals (lawyers, heritage practitioners, town planners, architects, both heritage and land-use officials, and decision-makers) who are already experienced in the submission, scrutiny and decision-making regarding development applications required under the heritage laws (the National Heritage Resources Act and the municipal planning by-laws). It is designed to deepen the knowledge of course participants of the applicable and associated laws and to explore the administration and operation of these laws in South Africa by exploring current practice and decision-making in the Western Cape and in the courts.
On completion of the course participants will be able to:
• Understand the provisions of the laws in play
• Understand the effects of a number of court cases and tribunal rulings which have determined certain interpretations of the laws
▪ Understand the roles and influence of the role-players in heritage-related applications
• Understand the relationship between ideas about conservation, the processes of identifying and assessing the significance of heritage resources, and the administration processes
▪ Adopt these interpretations in practice through a critical understanding of the necessary components of applications and how they should be presented
Course Content
The contents of the course will include:
• a review of the administrative processes/procedures adopted by the provincial heritage resources authority in the Western Cape, Heritage Western Cape, and the City of Cape Town in the administration of applications
• a review of the public and I&AP consultation processes ordinarily required
• a detailed discussion and analysis of some of the decisions of the MEC’s Tribunals and of the High Courts and Supreme Court of Appeal
• a detailed review of the factors (and rights) to be taken into account in assessment and decision-making
Course Convenor and Lecturers
The course convenor, Dr Stephen Townsend, graduated in architecture in Cape Town, completed a diploma in conservation studies at the University of Rome (equivalent to a Masters degree) and a PhD at UCT. He has worked as an architect; as an administrator of land use- and of heritage-related regulations at the Cape Town City Council; and as the CEO of Heritage Western Cape; and he was appointed to the Heritage Western Cape Council in 2010 for a three-year term and chaired its Impact Assessment Committee, and served on its Built Environment and Landscape Committee (BEL Comm) and its Inventories and Grading Committee. He also established the MPhil in Conservation of the Built Environment degree at UCT (from 2009) and ran it for ten years. He now consults and has served on the Western Cape MEC’s Tribunals.
The lectures/seminars will be presented by specialists in the field (lawyers and heritage specialists; see the attached programme), all of whom have represented parties to applications to, in particular, Heritage Western Cape’s Appeals Committee, to the MEC’s Tribunals, and in the courts.
Course Information
Who should attend?
The course will benefit those professionals already involved in and experienced in the submission and administration of applications. This includes lawyers, architects, town planners, heritage practitioners of all disciplines, and officials/heritage managers/administrators and decision-makers. The course is focussed on the law and the administration of conservation practice and heritage resource management.
Format
The course will comprise five four-hour sessions on each morning of a week. Most of the sessions will comprise two double lectures with time for discussion of issues raised in the lectures and/or in the readings.
Cost
The fee for this 20-hour CPD course and exam will be Rxx xxx.
Discounts for staff and students of UCT and students of other tertiary education institutes are available under certain circumstances; and companies/institutions with three and more participants will receive a discount of 20% for every participant.
Certificates
A certificate of attendance will be given to all course members who attend a minimum of four of the five sessions (or 80% of the sessions). A certificate of successful course completion will be issued to those participants who attend the course and obtain at least 60% in the optional examination.
Venue
MS Teams
Date and time
Mornings: 9h00–13h00
17 – 21 August 2026
Exam: 15h30-17h00, 6 September
Registrations and cancellations
Registration forms are available from the Centre for Extra-Mural Studies; ems@uct.ac.za.
In order to ensure a place on the course applicants must complete and return a signed registration form to the course administrator: Mercy Brown-Luthango at Mercy.Brown-Luthango@uct.ac.za .
Confirmation of acceptance will be sent on receipt of a registration form.
Registrations close one week before the start of a course.
Cancellations must be received one week before the start of a course, or the full course fee will be charged.
Lecture Programme and Course Content
Day One, Monday, 17 August:
Session 1: The NHRA, Some Troublesome Provisions
Presenter: Dr Steve Townsend, Architect/Heritage and Land-Use Management Consultant
Welcome and house-keeping
Outline and introduction to some of the most troublesome provisions in the NHRA and in the MPB-Ls
Intersections of the administration of provincial heritage resources authorities (ito the NHRA) and the local planning authorities (ito the MPB-Ls) illustrated by the process leading to the Buitengracht ‘Monster Building’ SCA judgment
Session 2: Principles of Administrative Law
Presenter: Kessler Perumalsamy, Advocate
The Constitution and PAJA
Lawfulness, reasonableness, fairness of process
Day Two, Tuesday, 18 August:
Session 1: Difficulties in the Administration of s.34, NHRA
Presenter: Dr Steve Townsend, Architect/Heritage and Land-Use Management Consultant
Detailed discussion of one of the most frequently triggered and ‘troublesome’ provision, s.34, analysing the process leading to the Qualidental and Gees SCA judgments and their effects, in particular, regarding ‘replacement’ buildings
Session 2: What and Who Are the I&APs
Presenter: Richard Summers, Attorney
The definition I&APs and their rights, roles, and responsibilities
Analysis of the Piketberg and Silver Falcon High Court judgments
Day Three, Wednesay, 19 August:
Session 1: Not Everything of Interest Is a Heritage Asset: The Mandela Objects
Presenter: Sascha e Câmara, Advocate
Detailed discussion of the arguments in the case of the ‘Mandela objects’, analysing the process leading to the High Court and SCA judgments and their effects
Session 2: Not Every Heritage Asset Warrants Protection
Presenter: Ashley Lillie, Heritage Consultant
Protecting modernist architecture and the expectations of special interest groups
Analysis of the ‘Conradie Architecture’ Tribunal Ruling
Day Four, Thursday, 20 August:
Session 1: A Study in Controversy: The River Club/Riverlands, Observatory, Cape Town
Lecturers: Nick Smith, Attorney; Steve Townsend, Architect/Heritage and Land-Use Consultant
A brief account of the applications made ito NEMA, NHRA and MPB-L
Account of court actions and analysis of certain issues including public participation
Session 2: More Controversy: The Cannon Brewery, Newlands
Presenter: Mike Scurr, Architect/Conservationist; Steve Townsend, Architect/Heritage-Land-Use Consultant
Account of the application, the decisions and rulings
Weighing of cultural significance, impacts, and other social and economic goods
Day Five, Friday, 21 August:
Session 1: Conditions for Successful High Court Reviews
Presenter: Ashley Lillie, Heritage Consultant; Richard Summers, Attorney
Requirements for a successful s.6, PAJA review
Detailed analysis of ss.8(1)(c)(ii)(aa), PAJA and of s.5(7)(d), NHRA
Some successful High Court reviews
Session 2: Assembling Good Applications, Making Good Recommendations
Presenter: Dr Steve Townsend, Architect/Heritage and Land-Use Management Consultant
Detailed description of the necessary components of successful applications iro s.27, s.34 and s.38
Rational (Constitutionally-sound) decision-making and the limits of restrictions
Examination: 15h30-17h00, 6 September 2026
The examination is optional. Details will be confirmed in due course.