Police wary of tenancy disputes
Rental Housing Tribunal must exhaust all avenues before turning to the constabulary
THE police are reluctant to get involved in civil disputes, especially between landlords and tenants.
Sometimes the line is blurred between civil and criminal law in tenant and landlord disputes and most police officers are cautious when they do intervene. There are occasions when an officer, as a friend or relative, supports an unlawful action, contravening the law. These are rare situations.
There are extraordinary police officers who find creative ways to resolve tenancy disputes, or refer such matters to the Rental Housing Tribunal, parastatal bodies and non-governmental organisations.
A recent example was in the Bluff, Durban, where Brighton Beach police responded to a dispute between the tenant and his landlord. Instead of walking away, the officer took the parties to the police station, where a written settlement agreement was concluded. The mediation initiative is commendable. The police also diffused a potentially volatile situation.
There are instances when the police may be required to take action in terms of the Tribunal’s order.
This may be due to a party not complying with the order, or failing to attend a hearing as a witness or a party directly involved in an unfair dispute. It is crucial that the Tribunal exhausts all remedies available before it turn to the police .
A court on review may stop the prosecution if a party can show that the Tribunal’s decision was biased, procedurally unfair or not reasonable and rational.
The Western Cape High Court set aside the Tribunal’s decision to pursue criminal prosecution of landlord, Perryvale Investments, with regard to one of the tenants in its beachfront block of flats.
In Perryvale Investments (Pty) Ltd v Patel NO and Another 2008 ZAWCHC 224, Judge Davis set aside the Western Cape Rental Housing Tribunal’s decision to refer the landlord for prosecution in terms of section 16 of the Rental Housing Act No 50 of 1999.
What is significant is that a Tribunal decision ought to be a ruling, which is a judgment of a magistrate’s court.
To arrive at a decision, at least three members or commissioners have to hear the unfair practice dispute and thereafter issue its decision. Where there is non-compliance with its ruling, the Tribunal may refer the non-compliant party for possible prosecution based on a decision that was initially deliberated by at least three members.
As long as there is no criminal sanction, some landlords, or their agents, will continue to resort to selfhelp measures to rectify a “wrong”. The self-help or quick-fix solution is, for instance, the illegal disconnection of electricity and water supply, or preventing the tenant’s access to the dwelling (unlawful lock-out).
We need to recognise and commend the police officers who negotiate through the difficult task of protecting citizens’ rights through a quagmire of laws and the lawlessness of landlords and tenants.
Dr Sayed Iqbal Mohamed is the chairperson of the Organisation of Civic and deputy chairperson of the KZN Rental Housing Tribunal. For advice, contact Pretty Gumede or Loshni Naidoo on 031 304 6451/pretty@ocr.org.za or loshni@ocr.org.za