Land eviction regulated by legislation

IN THEIR document “Legislation Relating to Land Occupation and Evictions”, AgriSA emphasises that evictions are regulated by law.

AgriSA said the following legislation regulates different situations and is applicable for purposes of this document:

● The Extension of Security of Tenure Act (Esta), 1997 (Act No 62 of 1997;

● The Prevention of Illegal Evictions and Unlawful Occupation of Land Act, 1998 (Act No 19 of 1998, known as PIE);

● The Land Reform (Labour Tenants) Act, 1996 (Act No 3 of 1996) and;

● The Trespass Act, 1959 (Act No 6 of 1959).

“Eviction of lawful occupiers can take place in terms of an eviction order issued by a magistrate, land or high court,” reads the document.

It adds that an eviction in terms of the PIE legislation can take place in three phases:

● The owner terminates the right of occupation in terms of section 8;

● The owner secures a court order if the occupier fails to vacate the land within the set period of time and;

● The eviction order is executed. “Where an occupier has lived on the land since February 4 1997 and had done nothing wrong in terms of the PIE legislation (malicious damage to property, intimidation, etc), the owner must prove that suitable accommodation is available, as prescribed in Esta,” reads the document.

Great Kei municipal spokeswoman Akhona Shumane-Cakata said the Mnyaka family would be visited to get details of their case and the municipality would ensure the matter was referred to the department of rural development and land reform (DRDLR) and other related institutions as the custodians of the legislation.

“The Mnyaka family has a right to legal representation and protection in terms of Esta. The matter has to be investigated first by DRDLR to establish a case with which to protect the family.” —