How to deal with property invasion – AfriForum

AfriForum has noticed a recent rise in house hijackings or invasions and advise the public about how to avoid becoming a victim.

The civil rights organisation has identified a new phenomenon of hijacking syndicates illegally occupying and taking over private property.

Sometimes these syndicates will hire people to occupy the buildings while collecting rental money from them.

“It leaves property owners and lawful occupants at a disadvantage when it comes to evicting either the syndicates or their tenants,” reads the AfriForum statement.

“South Africa’s current legislative framework makes it extremely difficult to speedily obtain an eviction order.

“Not only this, but it seems as though these syndicates deliberately oppose any legal proceedings taken against them, even if they have no justifiable defence to put forward.

“Furthermore many of these syndicates have their own lawyers who are willing to defend them in court.

“What is even more frustrating is that the property owners are still asked to pay rates and taxes while their property is being occupied by other people,” AfriForum stated.

AfriForum however asserted that your property rights are protected under the Constitution, specifically Section 25.

“This section provides that no person may arbitrarily be deprived of their property and no law may permit such deprivation.

“Therefore, any form of home invasion or hijacking constitutes a form of arbitrary deprivation as envisaged and prohibited by Section 25.

“Section 3 of the PIE Act (The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, No 19 of 1998) does prohibit the solicitation of money in respect of unlawful occupations, but the enforcement of this provision still requires the property owner to approach a court and enforce this provision.

“It is important to note that any cost, including that of contracting private security to assist with the eviction, will be borne by the owner of the property.

“Although the court order can provide that the occupiers evicted will also be responsible for the cost thereof, action against the occupiers for reimbursement of the said cost is seldom successful.”

AfriForum added that many preventative measures can be taken by property owners to avoid finding themselves in this position.

These mainly centre around guarding your property and making it as difficult as possible to gain access into it.

“This includes having sound walls or fences.

“Invasions usually occur when the residents are on an extended holiday; it may therefore be wise to keep good relations with neighbours and ask them to check in on your property while you are away.

“Another option to consider is contracting the services of a house sitter to occupy the property until you return from holiday.”

If property owners become victims of home invasions or hijackings, AfriForum suggests they act as swiftly as possible – not merely to contact the police for help but to drive down to their nearest police station for help.

“Be sure to make notes of all police officials interacted with by taking down their name, rank and number.

“If an official refuses to assist with opening a docket, ask for the officer on duty.

“If the officer also declines, escalate the matter to the station commander.

“If the station commander also neglects to help, your next course of action will be to approach a competent lawyer to urgently seek legal recourse by obtaining the necessary eviction order to instruct and authorise both the sheriff and local police to evict any unlawful occupiers from the property.”

AfriForum said prevention is better than cure and being informed and aware will spare you financial and emotional distress.

“AfriForum invites anyone affected by a home invasion or hijacking to contact their offices for further assistance and referral to attorneys who will be able to assist.”

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