The Land Act, explained
The Prevention of Illegal Eviction and Unlawful Occupation of Land Act (Act No. 19 of 1998) came into effect on 5 June 1998 and repealed the Prevention of Illegal Squatting Act in its entirety.
POLOKWANE – Following disputes between residents in Distenng and the Polokwane Municipality over illegal land invasion, which led to protests, review takes a closer look at the Land Act.
Read more: Muni gives Disteneng land invaders more time to relocate
Squatters (i.e. unlawful occupiers) may now only be removed by means of a court order issued in terms of this act. This act is applicable to all land, rural as well as urban, private land as well as state land.
The act protects so-called unlawful occupiers, persons who occupy land without the permission of the owners or person in charge of the land. If these persons do in fact have permission to live there, the situation is regulated by the Extension of Security of Tenure Act.
An owner who plans to evict unlawful occupiers is required to give them at least two weeks’ prior written notice of his/her intention to do so. Such notice must mention that an application would be made for a court order to evict the person(s), as well as the date and time when such application would be heard, the reasons for the application and the fact that the unlawful occupiers have the right to appear in court to defend the case and also that they were entitled to apply for legal aid.
After the two-week period, the owner or person in charge of the land can approach any division of the High Court or a Magistrate’s Court in whose jurisdiction the land is situated for an eviction order.
The court is not obliged to issue an eviction order but has discretion in this regard.
In exercising its discretion, the court must take certain matters into account such as the rights and needs of the elderly, children, disabled persons and households headed by women.
If the unlawful occupier has been living on the land for longer than six months, the court must also consider whether alternative land is available or could be made available to them. If the court, in light of all these factors, is satisfied that it would be fair and just to issue an eviction order, the court will set two dates.
The first is a date on which the person(s) must vacate the land, while the second is the later date on which the eviction order would be executed if such person(s) had failed to vacate the land on the first date.
When the court sets these dates, it will take into account, among other factors, the period of time that the unlawful occupiers had been living on the land.
The court could also order the structures to be demolished.
