SA Lawmakers propose stricter measures to address unlawful land occupation.
Category News
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill has been tabled before the South African National Assembly, proposing changes to the original act to address the endemic of unlawful land occupation across the country. The bill seeks to prevent unlawful occupiers from using the principal act as a defence or delay tactic in moving off the property at the cost of the property owner.
An overview of the proposal
Currently, the original act provides a rigid set of requirements that need to be complied with for a landowner to evict someone legally, regardless of the unlawful occupant's intention or circumstances. The proposed amendments aim to limit the application of the original act in certain instances to prevent unlawful occupation.
The new bill, through its three clauses, "aims to amend the act by providing no person may incite, arrange or organise for a person to occupy land without the consent of the owner or person in charge."
Addressing the rise of unlawful land occupation
Unlawful occupation has led to severe dysfunctionality in cities, including the obstruction of sewage infrastructure, safety hazards due to illegal connection and violations of planning and environmental legislation. It has also increased land invasions, leading to the displacement of thousands of people. The rise in unlawful land occupation has been attributed to the country's high poverty levels, unemployment, and lack of access to affordable housing.
A shortage of amenities
The shortage of amenities like clinics and schools close to unlawfully occupied land parcels further pressures municipalities. These amenities are necessary for the well-being of communities, and the lack thereof has led to the development of informal settlements without access to essential services. The burden of providing these services falls on the municipalities, putting a strain on their already limited resources.
What are the proposed amendments to the Act?
Clause 1:
The bill proposes that no person may incite, arrange or organise for a person to occupy land without the consent of the owner or person in charge. It further stipulates that it will increase the imprisonment for the contravention of unlawful occupation from two years to five.
Clause 2:
It provides that a court must take into consideration when granting an order for eviction if it is just and equitable to do so. The clause further adds that a court may order against a joined municipality, landowner, or organ of state to provide alternative accommodation or land where reasonable.
Clause 3:
It provides that in deciding whether it is just and equitable to grant an order for eviction, the court must have regard to the intentions of the unlawful occupier when he or she occupies the land. It is, therefore, up to the court to hear evidence on whether a person requires alternative accommodation and ought not to be evicted or whether they acted in bad faith.
Will the amendments provide meaningful change?
The proposed amendments to the act aim to address the issue of unlawful land occupation and prevent unlawful occupiers from using the principal act as a defence or delay tactic in moving off the property at the cost of the property owner.
It seeks to provide alternative accommodation or land where reasonable and limit the application of the original act in certain instances. The amendments aim to promote social justice and create a fair balance between the rights of property owners and those of unlawful occupiers. The shortage of amenities like clinics and schools close to unlawfully occupied land parcels further pressures municipalities.
It remains to be seen whether or not these proposed amendments will address the issue of unlawful land occupation. However, with stricture measures, property owners may rest assured their investments are more secure under the law.
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Author: Bryce Anderson