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

Alida, a single mother of three children, lives in a rented council house. Her 75-year-old disabled mother also lives with them. The household survives on Alida’s income from occasional casual work, a child support grant for one child who is under 14 years and her mother’s state pension. For a long time now, Alida has not been able to keep up with her rent payments and has fallen into arrears of R2 500. Alida has received a notice from the council saying that they are going to take steps to evict her unless she pays all her rental arrears. The council gives her 30 days to respond.

WHAT DOES THE LAW SAY?

The council cannot evict Alida without a court order and the magistrate has to consider all the relevant circumstances of the family before granting an eviction order. landlord applies for a civil eviction order)

Under the Municipal Systems Act every municipality has to draw up and pass a by-law on credit control and managing debts. This should include provisions for arrangements for people who are in arrears, particularly for people who are indigent (living in poverty). It should say what penalties there are for people who default on any of their payments, including the disconnection of services or the eviction of tenants or owners. Alida and her family fall into the category regarded as indigent and should therefore be protected by the council’s indigency policy. (See Providing public housing)

WHAT CAN YOU DO?

You can check whether the council followed all the proper procedures before sending Alida the 30-day notice of intention to seek eviction. There might have been breaches of the right to administrative justice in the process of administering the arrears payments.

Then you should check what protection Alida has under the council’s indigency policy. If the Council has not given her protection or has ignored the socio-economic circumstances of her family, you should write a letter stating how the council has failed to consider the circumstances of Alida’s case and asking them to withdraw the threat of eviction.