The Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill - PowerPoint PPT Presentation

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The Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill

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Title: The Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill


1
  • The Prevention of Illegal Eviction from and
    Unlawful Occupation of Land Amendment Bill
  • Presentation to Portfolio Committee on Housing
  • Tuesday 3 February 2004

2
Background
  • Prevention of Illegal Eviction from and Unlawful
    Occupation of Land Act, 1998 (Act No. 19 of
    1998), hereinafter called PIE, came into
    operation on 5 June 1998.
  • Objectives of PIE
  • To prohibit receipt or solicitation of
    consideration in respect of unlawful occupation
    of land

3
Background (Continued)
  • To set out processes for the eviction of unlawful
    occupiers by owners of land
  • To provide for evictions on an urgent basis
  • To set out process for evictions at instance of
    an organ of State
  • To provide for a mediation process in the event
    of a dispute

4
Background (Continued)
  • To provide for offences and private prosecutions
  • To provide for jurisdiction of the Magistrates
    Court in eviction proceedings
  • To provide for the transfer of powers, duties or
    functions
  • To repeal and amend certain laws
  • To provide for the making of Regulations.

5
Problems arising from the Interpretation and
Implementation of PIE
  • Definition of land needs to be widened to
    include a portion of land and buildings and
    structures on land as well as to make specific
    reference to residential and commercial land.
  • Nothing in Act which prohibits a person from
    arranging or organising a person to occupy land
    without the owners consent.

6
Interpretation and Implementation of PIE
(Continued)
  • The prohibition in PIE against receiving money
    for arranging or organising the unlawful
    occupation of land is too restrictive and needs
    to be widened to include all illegal proceeds
    related to unlawful occupation
  • The majority decision of the Supreme Court of
    Appeal cases of Bekker and Ndlovu handed down on
    30 August 2002 which brought tenants and
    mortgagors under the Jurisdiction of PIE

7
Judgement in Ndlovu/Bekker Cases
  • By a majority of 3 to 2 judges, the Supreme Court
    of Appeal held
  • That tenants who remain in the premises after a
    lease has been lawfully terminated are in the
    same position as unlawful occupiers of land and
    that the procedures in PIE must be followed when
    evicting them.
  • That mortgagors who default on their mortgage
    payments and stay in the premises after the Bank
    has foreclosed are also in the same position as
    unlawful occupiers of land and that the
    procedures in PIE must be followed when evicting
    them.

8
Ndlovu/Bekker (Continued)
  • When the Prevention of Illegal Eviction from and
    Unlawful Occupation of Land Bill was debated in
    Parliament it was not the intention of the
    legislators to extend the provisions of the Bill
    to include tenants and mortgagors.

9
Proposed Amendments to Act
  • In view of the Ndlovu/Bekker judgement the Act
    needs to be amended to exclude tenants and
    mortgagors from the operation of the Act,
    because
  • The judgement has resulted in landlords and
    developers withdrawing from the rental housing
    market because of the added difficulties in
    evicting tenants when the lease has been lawfully
    terminated.
  • It can be argued that the written agreements
    between landlords and tenants and mortgagors and
    mortgagees (Banks) are violated if landlords or
    banks have to comply with the more onerous
    provisions of PIE when evicting defaulting
    tenants and mortgagors, respectively.

10
Proposed Amendments (Continued)
  • The proposed amendments to exclude tenants and
    mortgagors from the provisions of the Act will
  • Eviction should occur after an order of court has
    been issued.

11
Proposed Amendments (Continued)
  • Add certainty to the manner in which categories
    of unlawful occupiers are to be evicted
    unlawful occupiers of land will be evicted under
    PIE tenants who hold over will be evicted under
    the Rental Housing Act and mortgagors who hold
    over will be evicted in terms of the mortgage
    agreement.
  • Generally restore confidence to the housing and
    banking sectors.

12
Summary of Proposed Draft Amendment Bill
  • Definitions of land, Minister, and unlawful
    occupier have been amended.
  • New definitions of occupy and possession have
    been inserted.
  • The application of the Act has been amended to
    specifically exclude any proceedings
  • For the eviction of any tenant or former tenant
    or any person occupying land through the title of
    such tenant or former tenant

13
Summary of Proposed Draft Amendment Bill
(Continued)
  • By a mortgagee for the foreclosure of the bond
    and the eviction of a mortgagor or of any person
    holding title through the mortgagor
  • To any land acquired by way of a sale in
    execution or judicial sale of property.
  • Prohibition of arranging or organising or
    permitting anyone to occupy land without the
    consent of the owner or person in charge of the
    land.

14
Summary of Proposed Draft Amendment Bill
(Continued)
  • Prohibition of receiving payment of money as fee
    for arranging occupation of land is extended to
    include receiving rent. The money or rent
    includes membership fees, legal costs,
    administration costs, services, services
    connection fees or payment for any socio-economic
    infrastructure.
  • Money collected as rental money which was not
    paid to landlord is forfeited and paid back to
    the landlord.

15
Summary of Proposed Draft Amendment Bill
(Continued)
  • Some technical difficulties are rectified, such
    as deleting any reference to the Court serving
    notices when this is clearly not the Courts
    duty.
  • Consequential amendments arising from the above
    amendments and additions.

16
Other Initiatives of Department of Housing to
Ease the Plight of Evictees
  • Department of Housing has developed an approved
    Emergency Housing Programme
  • The Department is also working on a framework to
    manage the interface between actions taken at
    different spheres of government dealing with
    unauthorised occupations and due process for
    managing evictions.
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