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

Possible repeal of ESTA and the Land Tenure Security Bill

In 2010 the government introduced the Land Tenure Security Bill which was intended to replace both ESTA and the Labour Reform (Labour Tenants) Act. In doing so the government acknowledged that ESTA had not been effective in preventing farm evictions.

The Land Tenure Security Bill, if enacted, would provide for the continued protection of the rights of people living and working on farms. It would provide a support framework for sustainable livelihoods for farm workers that would, (amongst other things) address the need for sustained food production and state assistance in the settlement on alternative land. Importantly the Bill would ensure there is a clear legal distinction between the rights of farm dwellers as employees and their rights as occupants.

People who the new law would cover include those living and working on farms and those associated with them, as well as farm owners and their agents. The Bill addresses the rights of these stakeholders.

The Land Tenure Security Bill will also provide a framework for the following:

  • The management of evictions
  • Expropriation
  • The management of resettlement units and agri-villages
  • The establishment of a land rights management board
  • Dispute resolution

In mid-2011 the Bill was sent back to the Department of Land Reform and Rural Development for reconsideration after stakeholders representing both farm owners and farm dwellers raised a range of concerns.