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

The role of local government and housing

The law requires all local authorities to have an Integrated Development Plan (IDP) showing how they plan to develop land and housing in their area. The plan must cater to all the development needs in the area, including housing. If homeless people are living in the area, it is the local authority’s job to find land where they can be settled.

PROVIDING PUBLIC HOUSING

Local authorities are not given money from central government to fund housing, but they can raise their own money to provide for land and housing. There is a duty on government to provide people with rental housing in terms of the Rental Housing Act. Often they own a lot of low-income houses which many people still rent from them. The local authority is the landlord and decides who can get a house. They will give preference to families of single people when a house becomes available. (See Problem 5: Provision of land, housing and services for homeless people; See Drawing up an Integrated Development Plan)

According to the Municipal Systems Act (No 32 of 2000), 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 don’t keep up on any of their payments, including the disconnection of services or the eviction of tenants or owners.

FACILITATING HOUSING DEVELOPMENT

Local authorities are often in an excellent position to facilitate new housing developments or to act in partnership with developers. In rural towns they are often the only agents with the necessary experience and resources. payments of rent, rates and services payments to the local council)