Ripple effect of failure to assist with rent payments
SUB-REGULATION 37(2) issued in terms of the Regulations issued under the Disaster Management Act under adjusted level 3 lockdown states that a competent court may suspend or stay an order for eviction or demolition contemplated in sub-regulation 37(1) until after the lapse or termination of the national state of disaster, unless the court is of the opinion that it is not just or equitable to suspend or stay the order having regard, in addition to any other relevant consideration.
In terms of sub-regulation 37(3), “a court hearing an application to authorise an eviction or demolition may, where appropriate and in addition to any other report that is required by law, request a report from the responsible member of the executive regarding the availability of emergency accommodation or quarantine or isolation facilities pursuant to these Regulations”.
Therefore, under the adjusted lockdown level 3 regulations, a landlord can obtain a court order to evict a tenant, but a magistrate or judge has the power to suspend the eviction.
Most of the eviction orders relate to tenants having failed to pay their rent.
The execution of the eviction orders granted early last year were delayed due to the introduction of the first lockdown on March 27, 2020.
There are many instances of landlords resorting to unlawful disconnection of services and lockouts to forcibly evict their tenants. Regulation 38 (Rental Housing) “echoes” the provisions of the Rental Housing Act 50 of 1999 and the Constitution which prohibit such unlawful acts. Despite these prohibitions, unlawful actions continue, as they did prior to the lockdown. It would appear that the courts and the provincial Rental Housing Tribunals are unable to stop the often despicable behaviour of unscrupulous landlords.
The government failed to assist struggling households with their rental payments. It failed desperate landlords who have acted within the law but who have been unable to approach the courts to have their tenants evicted, due to the exorbitant legal costs. Rental intervention would have assisted these landlords and prevented the need to have their tenants evicted.
Calls for assistance as desperate households face the reality of homelessness have not reached the National
Coronavirus Command Council. Where would the government find the money to provide temporary relief to the poor and elderly, tenants included?
In the US, on January 20, within hours of being inaugurated, President Joe Biden extended to March 31, 2021, the moratorium on residential evictions due to non-payment of rentals and asked Congress to approve a Covid relief bill to provide an additional $35 billion (about R524bn) in rental, utilities and homeless relief.
In South Africa, in September last year, the auditor-general reported that millions of rand of public funds that had been allocated for Covid-19 emergency response had been misused through fraud and corruption. These funds were intended to mitigate the impact of the coronavirus and, according to the BBC, “to assist vulnerable households with food parcels, unemployment grants, support small business, farmers and to also procure personal protective equipment”.
A nauseating image of corruption is beginning to take centre stage. Reports over the weekend have revealed that the Special Investigating Unit uncovered R13bn in personal protective equipment procurement fraud. Investigations also identified 6 140 government officials involved in Unemployment Insurance Fund fraud to the value of R41 009 737. Government officials and private individuals have no qualms about stealing money needed for the poor.
In the meantime, tenants will continue to suffer with fractured lives, struggling to survive amid abject poverty.
Dr Sayed Iqbal Mohamed is the chairperson of Organisation of Civic Rights. Tenants who need advice can contact the office on 031 304 6451 or Whatsapp Pretty Gumede on 071 346 5595 or pretty@ocr.org.za, Loshni Moodley on loshni@ocr.org.za or Whatsapp 071 444 5671