South African Government’s response to illegal occupants
The establishment of Kya Sands Informal Settlement has grown steadily throughout the years but illegal land invasion remains a problematic issue.
According to an online statement from the South African Government, their response following occupants who have illegally invaded the land conveyed that the government had a constitutional duty to ensure – where required and with available resources – that all citizens could enjoy their basic rights to access to land and housing. Where large-scale invasions occur, the government had a similar duty to assist private landowners to protect their land.
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Where unlawful occupiers whose basic rights were not at risk had to be evicted, the private land owner must, without delay, approach the court for eviction in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 (Act 19 0f 1998). This law was currently administered by the Department of Human Settlements and will be transferred to the Department of Rural Development and Land Reform (DRDLR) in due course.
In addition, individuals who had no access to agricultural land could approach the Agriculture, Land Reform Development for assistance to find suitable agricultural land. Individuals in need of housing are advised to approach the local municipality or, if necessary, the provincial or national Department of Human Settlements for assistance.
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