The Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill has been tabled before the National Assembly.
The bill was introduced in the National Assembly on 24 March by the Democratic Alliance’s Emma Powell and is a private members bill in terms of section 76.
The proposed amendments aim to change the original Act to address the endemic of unlawful land occupation across South African cities.
According to the bill, unlawful occupation leads to severe dysfunctionality in cities, including the obstruction of sewage infrastructure, safety hazards due to illegal connection and violations of planning and environmental legislation.
The shortage of amenities like clinics and schools close to unlawfully occupied land parcels further places additional pressure on municipalities, the bill’s authors said.
Currently, the original act provides a rigid set of requirements that need to be complied with for a land owner to evict someone legally – this is regardless of the unlawful occupant’s intention or circumstances.
The new amendments seek to limit the application of the original act in certain instances to prevent unlawful occupiers – who have entered upon a property in bad faith – from using the principal act as a defence or delay tactic in moving off the property at the cost of the property owner.
Through three clauses, the new bill aims to amend the act:
Clause 1
- Amends the act to provide 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
- Provides that a court must take into consideration when granting an order for eviction if it is of the opinion that it is just and equitable to do so.
- The clause further adds that a court may make an order against a joined municipality, land owner or organ of state to provide alternative accommodation or land where reasonable.
Clause 3
- 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 occupied the land
- It is, therefore, up to the court to hear evidence on where a person truly requires alternative accommodation and ought not to be evicted or whether they acted in bad faith.
- Inserts provisions to provide that where an organ of the state institutes eviction proceedings, a court may order that the organ provide alternative accommodation or land when reasonable and determine a length of availability.
Attached below is the full bill:
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