close
close
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

Problem 3: Protecting dismissed farmworkers against eviction

A group of 15 farmworkers was dismissed. They are told to leave the property at the same time as their jobs end. What can they do?

WHAT DOES THE LAW SAY?

If farmworkers are dismissed and evicted then there are specific procedures to follow under the Extension of Security of Tenure Act (ESTA) as regards the evictions. (See Solving disputes under the LRA)

WHAT CAN YOU DO?

FAIRLY DISMISSED WORKERS

In the case of a fair dismissal, the workers would lose their right to live on the farm and they would be given two months’ notice to leave their homes. However, if the farmworkers refuse to leave, the farmer will have to apply to the court for an eviction order.

UNFAIRLY DISMISSED WORKERS

If the farmworkers believe they have been unfairly dismissed, they can refer the case to the CCMA. They can ask a magistrate to allow them to stay in their houses while the CCMA is hearing the case. If the CCMA decides that the dismissal was fair, the eviction proceedings can go ahead following the normal procedures in terms of the law. Obviously if the workers have been successful in keeping their jobs through the CCMA, then it is unlikely that the eviction will go ahead (because there will be no grounds for this).