Illegal Evictions Happening To All South African Citizens Daily

Across South Africa, the spiral of poverty is being accelerated by constant pressure being placed on ordinary South Africans and minimal support or relief being provided by government. Illegal evictions are no longer a trauma experienced solely by people living in informal settlements. Even the privileged are being illegally evicted from their homes.

Covid has impacted the average South African in so many ways. Tens of thousands of people have lost their jobs, millions cannot feed their families, or even pay for the most basic of services – if they have them. Those lucky enough to have basic services in their homes are being subject to unrealistic penalties. We are all struggling in varying degrees. Suicides, addictions, and abuse have grown as a result of this on-going pressure that seems to have no solution or support from the Government, the officials, or the courts.

The one thing we should all have, at the very least, is a roof over our heads, a home. A place to be safe in, and where we can have some refuge from the outside world. To have your home, be it a shack or a building, forcibly, and illegally taken away from you is unbearable, not to mention inhumane.

It is also illegal. Yet, all over South Africa, illegal evictions are taking place, on a daily basis. SAPS, who are tasked to secure safety and prevent these criminal activities are, in almost every case, refusing to act. Leaving women, children, and the aged vulnerable and exposed to dire and often physically abusive criminal situations. Legal Aid and the Rental Tribunal have been cited on many occasions as not assisting or refusing to assist people facing evictions. The Facebook Group #NoEvicitons, has recorded many such incidents.

The State of Disaster regulations is clear on the requirements for renters and evictions. So clear, in fact, that it devotes two lengthy paragraphs to this subject (Para 73 and 74).

It states that: “A person may not be evicted from his or her land or home or have his or her place of residence demolished for the duration of the national state of disaster, unless a competent court has granted an order….which order can be suspended for the duration of the state of disaster.”

73 (a) states that “the need in the public interest for all persons to have access to a place of residence and basic services to protect their health and the health of others, and to avoid unnecessary movement”

The Regulations further speak of “unfair practices” of which the list is quite extensive.

More importantly the regulations state in Para 83(1) that: “For the duration of the national state of disaster, any person who hinders, interferes with or obstructs an enforcement officer in the exercising of his or her powers (namely to enforce the regulations) or the performance of his or her duties in terms of these regulations, is guilty of an offence and or conviction , liable to a fine and such imprisonment “.

It is thus confusing that SAPS would refuse to act in these cases, as the regulations are indeed clear. They are the enforcement officer who is due to “enforce” the regulations.

Land Party have noted on the group #NoEvictions that often-Legal Aid and Rental Tribunal have equally not acted in the required manner to uphold the regulations and the Law of the land. In addition to people who rent and people in informal settlements, the number of evictions of farmworkers has increased alarmingly as well.

Recently the founder of the Facebook group #NoEvicitons, Nanandi-Simone Albers, was herself the target of an illegal, and seemingly violent and abusive, eviction. We understand that total disregard was shown for Ms Albers or for her animals. One of her pets has died as a result of the trauma and stress of the eviction.

Fortunately, Nanandi is versed in Legal Rights and was able to take corrective action. This resulted in a court order placing her back in the property, several criminal charges and harassment orders were also attained. Nanandi has been selflessly assisting and supporting people all over South Africa over the past months during the COVID-19 epidemic with their rental issues and illegal evictions. Despite knowing her rights she was still subject to the trauma of an eviction as a result of the ignorance and/or willful disregard of those meant to protect her.

How many people across South Africa are not able to do the same because they do not fully understand the laws, or who are misled or misinformed by the public servants that are supposed to serve them?

How many people are left destitute on the streets, with their possessions lost or destroyed, despite it being AGAINST THE LAW?

LAND PARTY stands firmly against ALL illegal evictions and is in full support of Ms Albers and all illegally evicted persons.

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