Since the transition to Alert Level 3 at the beginning of June, one of the regulations that have remained the same is that no one may be evicted from their home while the country is in lockdown. Land may not be illegally occupied during this time either.
In an article, Shaun Russell, a project manager, says that eviction orders stipulate that evictions may be carried out with a court order. However, eviction in the absence of a court order would be prohibited and illegal. Even though a court order may be served, a home dweller may not be evicted during the current lockdown level.
Disaster Management Act: Regulations: Alert level 3 during Coronavirus Covid-19 lockdown, Section 36 (2) of Alert Level 3 regulations states, “A person may not be evicted from his or her land or home during the period of Alert Level 3.”
A court order for eviction may be given to a tenant or an occupant. However, according to the Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997) and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 (Act No. 19 of 1998), the order may be stayed or suspended until the last day of the Alert Level 3 period.
Several people in Potchefstroom have been evicted during the lockdown. Wandi Mokgothu was a land occupant who was recently evicted from his home.
Wandi says he started building his shack in Ward 4, near the ZCC on 13 July. Three days later, he was forcefully evicted from the space he occupied.
In the early hours of the Thursday (16 July) morning, MEG officials demolished Wandi’s and other informal settlers’ homes.
The Herald reported on the land evictions that resulted in a protest in Extension 9 in last week’s edition (30 July).
William Maphosa, the municipal spokesperson, agrees that people may not be evicted during the lockdown. However, he says illegal land invasion is not permitted and action to prohibit land invasions continues, even during the lockdown.
He added that on Saturday, 1 August, a group of people were seen building structures without permission from the municipality.
“This occupation was against lockdown regulations. In the early hours of the following day, the municipality contacted MEG Security, which moved in and removed the structures. No one was injured, but some among the group of people caused damage to an MEG vehicle,” said Maphosa.
For more on evictions, visit evictions.org.za.