Legal Evictions: Landowners Need To Know Their Rights

Media reports and public debate often simplify and blur the sensitive issue of evictions. Typically, evictions are seen solely from the perspective of the landowner or from that of landless people, and there is a failure to distinguish between lawful and unlawful evictions. Annelize Crosby, policy head for land affairs at Agri SA, explains the various perspectives and the relevant laws.

- Annelize Crosby,

The term ‘eviction’ has become a swear word in certain circles, and some non-governmental organisations are quick to make a connection between ‘bad, unfeeling farmers’ who evict people from farms, leaving them without refuge, and the call for expropriation without compensation (EWC) and security of tenure for farm dwellers. The reality is far more complicated, and this matter therefore deserves to be viewed from all angles.

Land invasions are of great concern to farmers; certain political parties and other groupings have threatened farmers openly with unlawful occupation of land. It is important to understand the legal framework around such occupation, and especially the rights of the landowner.

NOT JUST A RURAL PROBLEM

There are no reliable statistics for evictions in South Africa, but the perception exists that they occur primarily in rural areas and that farmers are mainly responsible. This is not necessarily true.

All land not specifically zoned for other uses is deemed to be agricultural land. However, this does not mean that all land zoned for agriculture is used for farming purposes. Much land, especially around cities, is zoned for agriculture, but is in fact used for business or industrial purposes. And many large-scale evictions are as a result of proposed property development and urban expansion.

LAWFUL VERSUS UNLAWFUL

Various laws, including the Extension of Security of Tenure Act (ESTA) and the Labour Tenants Act, make provision for eviction. These laws contain strict requirements and limited grounds for eviction, and strong protection of the rights of occupiers, even unlawful occupiers. These people may be evicted only with a court order, after proper notice is given, and all relevant factors, including the availability of suitable alternative accommodation, have been considered.