The Socio-Economic Rights Institute of South Africa (SERI) has launched two important resource guides earlier this month.
The first guide on Protection Against Eviction under the Extension of Security of Tenure Act was prepared through co-operation with CSAAWU.
The guide explains farm dwellers rights in terms of the Extension of Security of Tenure Act No. 62 of 1997. It speaks to a variety of audiences including farm dwellers, unions, paralegals and people interested in farm tenure.
It is divided into four sections:
The guide provides the most up-to-date insights into relevant case law and precedent setting judgments which determine how the law is interpreted by the courts.
The second guide entitled “Relocating to Alternative Accommodation: Legal and Practical Guidelines” deals with relocations following court orders in both urban and farm settings. the guide explains that in terms of the Constitution no one may be evicted from their home without a court order made after considering all the relevant circumstances, and that no legislation may permit arbitrary evictions.
The guide explains how the South African courts have found that this provision requires the government to provide alternative housing to unlawful occupiers who would become homeless as a result of an eviction. This means that planning for relocations has become an important part of the work of legal practitioners and government officials dealing with housing.
The guide notes that relocations have the potential to severely disrupt peoples’ lives and negatively impact their livelihoods, community relations and sense of security. It argues that to make sure this doesn’t happen, the relocation process should be carefully planned, well-run and participatory.
The first guide on Protection Against Eviction under the Extension of Security of Tenure Act was prepared through co-operation with CSAAWU.
The guide explains farm dwellers rights in terms of the Extension of Security of Tenure Act No. 62 of 1997. It speaks to a variety of audiences including farm dwellers, unions, paralegals and people interested in farm tenure.
It is divided into four sections:
- The first section sets out basic tenets of the law
- The second section explains key principles, terms and legal definitions including the definition of "occupier, the importance of consent and the need for the owner to lawfully and fairly terminate farm dwellers right to residents before attempting to seek eviction the section also covers the conditions of protection by ESTA and what farm dwellers can do to defend their rights to residents and to protect themselves from eviction
- The third section explains the legal standards and Esther which apply to addictions of long-term occupiers, occupiers on 4 February 1997 and occupiers after 4 February 1997. The section also sets out the duties of all parties (farm dwellers, farm owners and government) in eviction proceedings to meaningfully engage with each other before eviction proceedings particularly with respect to the availability of suitable alternative accommodation
- In the fourth section the legal process for unlawful eviction is set out, explaining which parties need to be involved in eviction proceedings and why. The section also explains how eviction proceedings are a started and how farm dwellers can best respond to protect themselves against eviction.
The guide provides the most up-to-date insights into relevant case law and precedent setting judgments which determine how the law is interpreted by the courts.
The second guide entitled “Relocating to Alternative Accommodation: Legal and Practical Guidelines” deals with relocations following court orders in both urban and farm settings. the guide explains that in terms of the Constitution no one may be evicted from their home without a court order made after considering all the relevant circumstances, and that no legislation may permit arbitrary evictions.
The guide explains how the South African courts have found that this provision requires the government to provide alternative housing to unlawful occupiers who would become homeless as a result of an eviction. This means that planning for relocations has become an important part of the work of legal practitioners and government officials dealing with housing.
The guide notes that relocations have the potential to severely disrupt peoples’ lives and negatively impact their livelihoods, community relations and sense of security. It argues that to make sure this doesn’t happen, the relocation process should be carefully planned, well-run and participatory.
The guide contains a set of legal and practical guidelines for municipalities on how legal practitioners, community advice officers and government officials can plan and carry out evictions in a sensitive manner that respects people’s rights.
It advocates for relocation being a process rather than a single event and takes into account the range of circumstances under which relocations occur, including immediate responses to emergencies such as fires and relocations that take place over a longer period of time.
Links and references
Daily Maverick Op Ed 23 July 2017: Resisting evictions from farms by Michael Clark and Alana PotterSERI and CSAAWU (2017) Protection against Eviction under the Extension of Security of Tenure Act
SERI (2017) Relocating to Alternative Accommodation: Legal and Practical Guidelines
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