Chapter 11
Related Sections
1
INTRODUCTION
2
LAND
3
What is the government’s land policy?
4
Laws and court cases that apply to the land reform programme
5
Municipal governments and their role in land, land tenure and evictions
6
Land restitution
7
Land redistribution and land grants
8
Other land reform initiatives
9
Land tenure reform
10
Extension of Security of Tenure Act (ESTA) (No 62 of 1997) and the Extension of Security of Tenure Amendment Act (No 2 of 2018)
11
Land Rights Management Board and Committees
12
Possible repeal of ESTA and the Land Tenure Security Bill
13
Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) (No 19 of 1998)
14
Dealing with land claims and other land reform disputes – the Land Claims Court
15
Spatial Planning and Land Use Management Act (No 16 of 2013) (SPLUMA)
16
HOUSING
17
What is the government’s housing policy?
18
Laws passed to ensure access to quality housing
19
The housing subsidy
20
Types of housing subsidies
21
The role of development workers in helping people to access housing subsidies
22
The role of local government and housing
23
BUYING A HOUSE
24
The offer to purchase
25
Transfer
26
Defects in a house
27
RENTING A HOUSE
28
Tenants, landlords and leases
29
The Rental Housing Act (No 50 of 1999)
30
Rental Housing Amendment Act (No 35 of 2014)
31
EVICTIONS FROM RENTED PROPERTY
32
Trespassing
33
PROBLEMS
34
Problem 1: A landlord applies for a civil eviction order
35
Problem 2: Being arrested and charged with trespassing
36
Problem 3: Protecting dismissed farmworkers against eviction
37
Problem 4: Protecting labour tenants against losing land
38
Problem 5: Provision of land, housing and services for homeless people
39
Problem 6: Negotiating to upgrade an informal settlement
40
Problem 7: Applying for an individual housing subsidy
41
Problem 8: Common problems in renting a house or flat
42
Problem 9: Falling behind on rent, rates and service payments to the local council
43
Problem 10: The hidden costs of buying a house
44
Problem 11: Falling behind on bond payments
45
Problem 12: Problems with a house you bought
46
Problem 13: Getting money from the Land Bank for farming
47
CHECKLISTS
48
Checklist: General Land and Housing
49
Checklist: Paying off a house that you have bought

INTRODUCTION

The Constitution of South Africa guarantees the right to have access to housing and land. It requires the government to pass laws and take necessary steps, within its available resources, to ensure that people have access to land, housing and security of tenure in their houses. Although it is not practical to ensure that everybody gets a house or land immediately, the government has to commit itself to making this happen over time. This is called a progressive right. The land and housing laws and policies are an important step in the process of creating access to housing and land for landless and homeless people. The policies make provision for financial assistance in the form of housing subsidies and grants. To address these issues, the government has stated its commitment to the following:

  • The return of land or other compensation to communities who were forcibly removed during the years of apartheid
  • The return of land which was taken over or ‘bought’ by the Apartheid government
  • Support for agricultural development in rural areas
  • Addressing the housing backlog in formal and informal settlements
  • Finding ways for the poor to access affordable housing
  • Building sustainable communities where the building of houses goes hand in hand with the construction of community facilities such as schools, hospitals, recreation centres and economic development.