SPEECH FOR THE MINISTER OF HOUSING: SECOND READING OF THE PREVENTION OF UNLAWFUL OCCUPATION OF LAND BILL
MARCH 9, 1998
Madam Speaker
Comrades and Colleagues
I would like to bring to the attention of this house, Section 26(3) of our Constitution which states that: "no one may be evicted from their home or have their home demolished without an order of court made after considering all the relevant circumstances" and "no legislation may permit arbitrary evictions".
Furthermore, Section 25(1) states that: "no one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property."
In addition, we currently have a law on our statute books called the Prevention of Illegal Squatting Act, which, to my mind, is one of the most objectionable and inhumane laws ever created by the apartheid regime.
This law, is not only unconstitutional if judged in terms of the previously mentioned 2 sections of the Constitution, but also allows for the most cruel and inhumane actions to be committed against people who have never had free access to land. People who are trying to improve the quality of their lives and to eke out a living.
This law crashes people's hopes and aspirations and renders them vulnerable to the dictates and whims of landlords. It is a law that strips people of their human dignity and turns the government into a villain by prosecuting them under a law that goes against the dictates of the constitution of the country.
Madam Speaker, I will boldly state that, if this Bill before you only scraps the Prevention of Illegal Squatter Act, then we would have reached a major milestone. It will and restored the human dignity of the masses of our people who continue to fall prey to the deeds of cruel landlords. Furthermore, it hopes to foster and promote a human rights culture in our society. However, these are not the sole aims of this Bill. Through this Bill, we are attempting to do the following:
Firstly, we are re-aligning the law with the Constitution1 The Preamble lays the groundwork, sets the parameters and tone within which the Bill must be viewed, and that is, against the context of the Constitution.
Secondly, and this is the important part, the Bill criminalises unlawful evictions. I am convinced that an effective deterrent is necessary for those unscrupulous landowners who, by the flash of an eye-lid, want to evict people. This, as you may realise, brings the Bill to be in line with the Constitution.
Thirdly, through this Bill, we will be creating a new and a fair procedure for the eviction of unlawful occupiers. Madam Chair, let me immediately say that, there are widely differing views on this particular subject. On the one hand we have landowners who not only want to protect their land, but who also have a right to do so. For them, we are establishing a fair and lawful procedure which they will have to follow if they want to evict unlawful occupiers from their land. On the other hand, there are those who have been living on the land for years. These people, in the past, could be evicted by the stroke of a pen or at a whim. This legislation will also provide a means of protection for them as a court will only be able to approve an eviction order after all relevant circumstances have been taken into account. A court order will be granted, only and only, if the court deems it to be fair and equitable to do so.
Fourthly Madam Chair, this legislation will also enable Government to act when necessary - for instance when there is a need to protect the interests of the wider public. However, in such a case, tough requirements will have to be met and proved to the satisfaction of the court.
We should also remember that the Government is under constitutional and international obligations with regard to housing and evictions. These obligations take two forms, namely:
In order to fulfill its obligations, Government has embarked on a continuous programme of establishing several development and legislative programmes, such as:
All these developments and legislative projects are designed and tailored for particular needs. But they should also be seen as complementary to each other. In the sense that they provide for land identification, proper planning and assisting people to get access to land with secure tenure. In addition, these programmes and legislative measures will lead to orderly settlement and development.
However, Madam Chair, there are two things that the Government cannot do. Firstly, the Government cannot expect a landowner to house the poor at his or her cost. If someone settles on private land without consent of the owner, the State cannot expect of the landowner to accommodate them on its behalf.
Secondly, Madam Chair, the State cannot be obliged to support those who act for illegitimate motives, for instance, either, for financial gain or for political motives. such people not only undermine the Government, but very often it is the poor and the landless who are being used by these people and who then, as a result, incur losses.
It is also a well-known fact that illegal land occupation is often being utilised to "jump the queue". People who might have waited patiently for access to housing in terms of prescribed procedures are often being overtaken by persons who act illegally and occupy already identified land for development. This should not be tolerated.
It is also common knowledge that housing and land development programmes currently in implementation stage, are often being slowed-down and in some cases brought to a complete stand-still due to such invasions. In such cases, the cost (both economically and socially) to the country as a whole is enormous and this legislation will also address these problems.
Madam Chair, I am also aware of fears that this legislation will be used to evict people who should not be evicted, for example residents of informal settlements. Currently, this can happen under the Prevention of Illegal Squatting Act, and what is more, unauthorised structures can be demolished under that Act. Secondly, in terms of the common law rights of owners, such people can be evicted. Thirdly, the statutory rights of Government (including local authorities), the general powers of local authorities and, for instance, in terms of the National Building Regulations and the Building Standards Act, evictions and demolition of structures can happen.
This legislation will not only repeal the Prevention of Illegal Squatting Act, but it also amends the common law so as to remove the ability of land owners to Act unfairly. This legislation will force land owners and government bodies to follow fair and transparent procedures.
Madam Chair, I am convinced that, through this Bill, we have managed to strike a balance between the needs of land owners who are faced with illegal land occupations and the poor, homeless and landless who are often the victims of evictions through actions over which they have no control.
I am also convinced that this legislation will provide the necessary mechanism for all who have a need to use it. Circumstances may differ from province to Province, or between Local Governments. I also understand that some Provinces or Local Governments might want to see either less or more stringent measures, depending on circumstances. I believe we have managed to establish a balance in this instance which is workable and which will ultimately contribute to the positive development of our country. It will not only enhance physical land development, but will also contribute to better understanding by people of their respective needs.
I would like to use this opportunity to thank all members of the Portfolio Committee for their contributions towards the improvement of this legislation. I believe that these contributions, and the changes which they have made, have led to a well-balanced and a fair legislative mechanism which can be used by all with the greatest of confidence.
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