Issued by: Department of Housing
1 April 1998
PREVENTION OF UNLAWFUL OCCUPATION OF LAND BILL
INTRODUCTION
This Bill was passed by the National Council of Provinces. `Land is an emotive issue, the Bill, marks a new chapter in the history of our country by ensuring fair, equitable and humane actions around evictions as well as promoting a human rights culture,' said Housing Minister Sanki Mthembi-Mahanyele. The Bill was debated and passed by an overwhelming majority in the National Assembly two weeks ago.
PURPOSE
The purpose of the Bill is to create a fair and transparent procedure for disputes relating to unlawful land occupation. It creates a balance between just and equitable action suitable to both the landowner and the occupant. It provides for lawful eviction and the stipulates procedures to be followed. It promotes a human rights culture in that the poor and ordinary people who are more often than not victims of cruel and heinous actions meted out by landowners in different situations relating to land occupation.
BACKGROUND
The Bill repeals the Prevention of illegal Squatting Act of 1951 and sections of other Acts addressing land occupation. Previously, homeless and landless people occupying land unlawfully were not given an opportunity by either landowners nor the legal structures of government to state their case. All laws instituted did not offer provisions for mediation and/or negotiation for alternative land settlement. Land needs were not adequately addressed despite the fact that the majority of the landless were desperately in need of land because only 13% of the land was available to the largest section of the population compared to the 87% allocated to fewer people. Those who were forced to settle on available land were ruthlessly evicted by inconsiderate landlords. No eviction order was normally required to proceed with such evictions.
WHAT THE BILL PROPOSES TO DO
This Bill supports the principle in the Constitution which concedes that evictions must be instituted through a court order. The Constitution further states that no one may be deprived of property except in terms of the law. That government must take all circumstances relating to the occupation into account before such an order is issued.
Evictions must be just and equitable for both the landowner and occupier. If the occupier has stayed for more than six months, then, the court must consider all circumstances including the rights of children, the elderly, disabled persons and households headed by women. Thereafter a reasonable decision will be taken.
The most important thing to note is that no evictions can be carried out without a court order.
A just and equitable order for the landowner would be to have the illegal occupant evicted from the property. For the unlawful occupant on the other hand, a just and equitable order would be to have the court consider their circumstances and weight them. However, the court when issuing an eviction order can grant the request from the sheriff to engage someone to assist in carrying out the instruction, to either remove persons or where deemed necessary demolish a building. Urgent evictions might be carried out where there is a real or imminent danger.
It also provides for the following:
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