Land restitution – Legal Fundi

Chapter 11

More From this Chapter

Checklist: Paying off a house that you have bought

Checklist: General Land and Housing

Problem 13: Getting money from the Land Bank for farming

Problem 12: Problems with a house you bought

Problem 11: Falling behind on bond payments

Problem 10: The hidden costs of buying a house

Problem 9: Falling behind on rent, rates and service payments to the local council

Problem 8: Common problems in renting a house or flat

Problem 7: Applying for an individual housing subsidy

Problem 6: Negotiating to upgrade an informal settlement

Problem 5: Provision of land, housing and services for homeless people

Rental Housing Amendment Act (No 35 of 2014)

Problem 4: Protecting labour tenants against losing land

Problem 3: Protecting dismissed farmworkers against eviction

Problem 2: Being arrested and charged with trespassing

Problem 1: A landlord applies for a civil eviction order

Laws passed to ensure access to quality housing

The housing subsidy

Types of housing subsidies

The role of development workers in helping people to access housing subsidies

The role of local government and housing

EVICTIONS FROM RENTED PROPERTY

The offer to purchase

Defects in a house

Tenants, landlords and leases

The Rental Housing Act (No 50 of 1999)

Possible repeal of ESTA and the Land Tenure Security Bill

Extension of Security of Tenure Act (ESTA) (No 62 of 1997) and the Extension of Security of Tenure Amendment Act (No 2 of 20180

What is the government’s housing policy?

Spatial Planning and Land Use Management Act (No 16 of 2013) (SPLUMA)

Dealing with land claims and other land reform disputes – the Land Claims Court

Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) (No 19 of 1998)

Land tenure reform

Other land reform initiatives

Land redistribution and land grants

Land restitution

Laws and court cases that apply to the land reform programme

What is the government’s land policy?

RENTING A HOUSE

Land restitution

All claims for land restitution had to be submitted to the Land Claims Commission before 31 December 1998. The Restitution of Land Rights Amendment Act gives the Minister of Land Reform and Rural Development Minister of Land Reform and Rural Development extra powers to expropriate land for purposes of settling restitution claims.

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