Land Rights Management Board and Committees – Legal Fundi

Chapter 11

More From this Chapter

What is the government’s land policy?

Laws and court cases that apply to the land reform programme

Municipal governments and their role in land, land tenure and evictions

Land restitution

Land redistribution and land grants

Other land reform initiatives

Land tenure reform

Extension of Security of Tenure Act (ESTA) (No 62 of 1997) and the Extension of Security of Tenure Amendment Act (No 2 of 2018)

Land Rights Management Board and Committees

Possible repeal of ESTA and the Land Tenure Security Bill

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

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

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

What is the government’s housing policy?

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

The offer to purchase

Defects in a house

RENTING A HOUSE

Tenants, landlords and leases

The Rental Housing Act (No 50 of 1999)

Rental Housing Amendment Act (No 35 of 2014)

EVICTIONS FROM RENTED PROPERTY

Problem 1: A landlord applies for a civil eviction order

Problem 2: Being arrested and charged with trespassing

Problem 3: Protecting dismissed farmworkers against eviction

Problem 4: Protecting labour tenants against losing land

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

Problem 6: Negotiating to upgrade an informal settlement

Problem 7: Applying for an individual housing subsidy

Problem 8: Common problems in renting a house or flat

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

Problem 10: The hidden costs of buying a house

Problem 11: Falling behind on bond payments

Problem 12: Problems with a house you bought

Problem 13: Getting money from the Land Bank for farming

Checklist: General Land and Housing

Checklist: Paying off a house that you have bought

Land Rights Management Board and Committees

The ESTA Amendment Act regulates the eviction of occupiers by enforcing alternative resolution mechanisms. The Act provides for the establishment and operation of a land rights management board and land rights management committees. The purpose of a Land Rights Committee is to identify, monitor and settle land rights disputes. They are also required to establish and maintain a database of occupiers, land rights disputes and evictions.

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