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 land policy?

The government has said that it is its policy and vision to address:

  • the racially-based land dispossession of the past
  • the need for a more equitable distribution of land ownership
  • the need for a kind of land reform that will reduce poverty and create jobs
  • security of tenure for all
  • a system of land management that will make land available for development, but not harm the environment

To carry out this policy or vision, the government has implemented a land reform programme consisting of three elements:

  • Land Restitution to address cases where people lost land after 1913 because of forced removals; the cut-off date for applications for land restitution was December 1998.
  • Land Redistribution to give those most in need a chance to get land for housing and productive purposes. It caters for urban and rural areas and includes labour tenants, farm workers and people who want to start farming.
  • Land Tenure reform is a process of reviewing all the old land policies and laws in order to improve the tenure security of all South Africans.