Property: Evictions under the spotlight - know your rights - Early Breakfast with Africa Melane

Episode Transcript
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Speaker 1 (00:00):
Wake up. It's your only breakfast with Africa Milani.

Speaker 2 (00:04):
Evicting tenant in South Africa is not a simple exercise.
We've certainly seen in the news how distressing and destructive
that can be. And in the city of Kapta, Johannesburg, rather,
there's a legal deadlock once again at a crucial mixed
housing development in Greater Ivory Park where the city is

(00:26):
trying to evict over two one hundred and fifty homeless
people occupying land earmarked for the project. That matter has
been dismissed by the Kuteng High Court Judge Adams, ruling
that the rights of the homeless cannot be ignored and
urge the city to pursue an ordinary eviction process under
the Prevention of Illegal Eviction Act. To help us understand

(00:48):
the intention behind what is popularly known as a PIE Act,
Tammy Carter joins me on the line now, Advocacy and
research officer at the South African Human Rights Commission. Tammy
A very good morning and welcome to the show.

Speaker 1 (01:00):
Good Morning Africa, thank you very much for having me.

Speaker 2 (01:03):
The Prevention of Illegal Eviction Act is a piece of
legislation that is intended as opposed to protect in some
cases the vulnerable, in this particular instance, the homeless people.
But landlords and property owners can find it rather tiresome,
cumbersome and expensive when somebody is illegally occupying their property.

(01:28):
What do we need to know about it? Tammy.

Speaker 1 (01:32):
Also, the precension of illegal occupation of property is something
which is regulated firstly by the Constitution. Section twenty sixty
two of the Constitution provides that no person may be
evicted from their home without due process, meaning that it

(01:53):
is a matter which is regulated by the court. So
the Act, which lawyer referred to as fly because of
the name being such a wowthful, is designed for the
protection of both landlords and tenants to make sure that
there's a regulated process. Now, it does seem that the
process is very much skewed in favor of an occupier

(02:18):
who is in unlawful occupation, but the fact of the
matter is that the law is designed to protect both
landlord and tenant in those circumstances. And so if the
process set out in that law is followed, it ensures
that you don't have homelessness resolving. Because firstly the Constitution
and then the Act provides for protection of human beings

(02:42):
that they don't end up on the streets. So that's
the first thing, is that this is about the people
who are renting properties who possibly have changed circumstances and
then no longer can afford to remain in that property,
and they might become unlaw who occupy. And that's sort
designed for people who genuinely cannot afford and end up

(03:07):
squatting on a piece of land or occupying a piece
of land. Now, the law has been very clear since
the judgment of the Court in the Colony matter from
the City of Cape Town, where for the longest time
have said that when someone is in occupation, the law

(03:30):
legal process in terms of the prior Act must be followed.
And that process, while it seems cumbersome, can actually be
utilized by both parties to come to agreement, even on
the aspect of when the person will vacate the property.
It can help to facilitate the process where the municipalities

(03:54):
are obliged in terms of that Act and in terms
of judgments under that Act to afford the court assistance
to provide alternative accommodation to occupy it. So the process
of the and the pretection of the Constitution is designed
for all parties to ensure that there is legal certainty

(04:17):
and if to ensure that ultimately the dignity of everyone
is protected.

Speaker 2 (04:24):
Is there anyway that this could be done in a
way that is expedient? I suppose, because if I can
no longer afford to live in my apartment in the
CBD of town and my circumstances have changed, I have
a contract with my landlord that says you will leave

(04:45):
and vacate the place within a specified amount of time,
which I have agreed to and signed on right So
when my circumstances change, clearly I need to pack up
my bags and go. Why and this does happen as
you know, where people are just refusing to leave going
Where am I going to go? I have no alternative
to go and live, forcing then a property owner to

(05:10):
continue needing to meet the liability and obligation that comes
with the bond that they might have taken out from
that property, rates and services, levies and all of that
while not enjoying any income whatsoever.

Speaker 1 (05:22):
Absolutely everything, And that is a very challenging situation. So
the Act does allow for an extraductive process whereby on
the basis of urgency and eviction can be claimed and
there's incumbents on that landlord to place those circumstances. The

(05:42):
fact that the property rights in terms of Section twenty
five are understood because of the unlawful occupation. What you said,
you've got a property of the landlord who is a
bondholder and who is needing to service the bond and
the others of property taxes on that property, who is
placed at the risk of losing that property because of

(06:03):
that unlawful occupation. So the even expectited process that is
provided for in the Act it self, and where those
circumstances do a live, landlords need to be aware of
the fact that they can make use of the urgent process.
That being said, as you know, our courts are extremely overburdened,
and so even with the expedited process, I must mention

(06:26):
the caution that it can still take long and it
is going to be expensive because of the constant legal
services in our country. But our courts are also designed
to allow for parties to on their own for themselves
and without the services of expensive lawyers to approach those courts,
and there are organizations out there that can also assist. So,

(06:51):
for example, in the Western Cape. We have the rental
housing clabunel and what they can assist with is to
make arrangements that the chabunal has the same status as
a magistrates' court can make binding orders. So we must
make use of and become aware of the protections which

(07:14):
the law provides for them, which the constitution provides for them,
and the organizations out there that are designed to assist them,
because I think it's very important that all of us
empower ourselves with the knowledge of the particular field in
which we are operating, so that we know what services

(07:34):
are available, how to make use of those services, and
then also to know that the law provides for all
of us. In South Africa, we have a constitution which
says that everyone is entitled to access to court, stabunals
and forums and so for all of us, if you

(07:55):
can't afford your services, you can approach a court on
your own. You can and your own lawyers in court.

Speaker 2 (08:04):
Tell me we'll leave it there. Thank you very much
indeed for your time this morning. Temmy Carter, Advocacy and
Research Officer at the South African Human Rights Commission. If
you have tried to as a landlord, a property owner
evict a tenant that is defaulting and no longer is
able to meet its obligation. Share with us what your
process was like. You can call me one O two,

(08:24):
one four four six, O five six seven or one
one eight A three oh seven oh two

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