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

What is the government’s housing policy?

In 1994 millions of people in South Africa stayed in informal houses, overcrowded backyard shacks or far from where they worked. The housing backlog and the slum living conditions it created were a central concern of the government.

Government developed a comprehensive housing plan referred to as Breaking New Ground which aims to promote and integrate society by developing sustainable human settlements and quality housing within a subsidy system for different income groups. It has the following targets:

  • Removal or improvement of all slums in South Africa as rapidly as possible.
  • Fast-tracking of the provision of formal housing within human settlements for the poorest of the poor and those people able to afford rent and or mortgages.
  • The creation of rental stock of housing for a rapidly growing, mobile (migrant) and urban population within the inner city and other locations close to employment opportunities.
  • To speed up development by removing administrative blockages and to aim to reduce the time for permission to be granted for building to 50% of the current time.
  • To educate and train housing consumers (owners and rental users) on their rights and responsibilities.

The Breaking New Ground plan includes the development of low-cost housing, a stronger emphasis on medium-density housing, affordable rental accommodation, the strengthening of partnerships with private housing developers; social infrastructure and facilities. The plan also aims to change existing spatial settlement patterns, driven by the need to build multicultural communities in a non-racial South Africa. The gradual replacement of informal settlements with adequate and secure housing in well-serviced communities is a critical aspect of the plan.