Page 26 - Litigating in the Land Claims Court: Training Manual

LITIGATION IN IN IN THE LAND CLAIMS COURT TRAINING MANUAL LITIGATION IN IN IN THE LAND CLAIMS COURT TRAINING MANUAL V V EVICTIONS
73 Evictions37 are done by way of application or action depending on on on on on whether the the applicant anticipates a a a a a a a a a a dispute of fact 74 The LCC can consider eviction applications under both the LTA and ESTA 75 It is important to note that applications or or or actions for eviction in in terms of ESTA can be brought either in in the the Magistrates Magistrates Court Court Court or LCC If it is is is brought in the the the Magistrates Magistrates Court Court Court the the the Rules of the the the High Court Court Court are applicable (section (section 17 of of ESTA) and the the the decision of of the the the Magistrate is is is subject to to automatic review by the the the LCC (section (section 19 of ESTA) 76 If an an eviction involves a a a a a labour tenant it will have to be done in in in the the LCC in in in terms of of the the provisions of of LTA 38
ESTA 77
78
ESTA was enacted to to give effect to to the the right in section 25(6) of the the Constitution which guarantees those with insecure tenure tenure the right “to tenure tenure which is legally secure secure or to to comparable redress” ESTA targets occupiers some of the the most vulnerable people in South Africa It protects them from unlawful evictions and allows them to to apply to to the the the Minister for for subsidies for for the the the facilitation of of on-site or or or off-site development ESTA applies in the context of of rural and and and farm land and and and secures tenants’ rights to long-term security of of tenure 39 It regulates the the conditions of residence on on on certain land as as well as as providing for the the circumstances and and conditions under which the right of persons to reside on on on on land may be terminated ESTA recognizes that many South Africans do not have secure tenure of their homes and and the the the the land that they use They are therefore vulnerable vulnerable to unfair eviction ESTA ensures that if vulnerable vulnerable occupiers are evicted from land it must be in a a a a a a a fair manner and and landowners must apply to court for an an an an an eviction order which considers the full circumstances of the occupiers 37 Section Section 1 1 1 of of of of of of of of of of the the the the LTA states states that: that: “eviction” includes the the the the deprivation of of of of of of of of of of a a a a a a a a a a a a a a a a right of of of of of of of of of of occupation or or or or use use of of of of of of of of of of land” Section Section 1 1 1 of of of of of of of of of of the the the the Extension of of of of of of of of of of Security of of of of of of of of of of Tenure Act No 62 of of of of of of of of of of of of of 1997 states states that: that: “evict” means means to to to deprive a a a a a a a a a a a a a a a a a a a a a a a person against his his his or or or or or her will of of of of of of of of of of of of of residence residence on on on on on on on on on on on land land land or or or or or the the the the the use use of of of of of of of of of of of of of land land land or or or or or access to to to water which is is is is linked to to to to a a a a a a a a a a a a a a a a a a a a a a right of of of of of of of of residence residence in in in in in in in terms of of of of of of of of this Act and and and and and “eviction” has a a a a a a a a a a a a a a a a a a a a a a corresponding meaning ” ” ” This means means eviction eviction covers a a a a a a a a a a a a a a a a a a a a a a wide spectrum of of of of of of of of events including the the the deprivation of of of of the use of of of of land and and and access to to water 38
Section Section 5 of of of of of of of the the the the LTA states states that: that: “Subject to the the the the provisions of of of of of of of section section 13 a a a a a a a a a a a a a a labour tenant or or or his his or or or her associate may only be evicted in terms of of of of of of of an an an an order of of of of of of of the the the the Court Court issued under this Act Act Act ” ” ” Section Section 1 1 1 1 states states that: that: ““Court” means the the the the LCC established by section section 22 22 of of of of of of of Restitution of of of of of of of Land Rights Act Act Act 1994 1994 (Act No 22 22 of of of of of of of 1994)”
39 ESTA s s s s s 2(1) provides that that the Act applies to to all land that that has not been declared a a a a a a a a township PAGE 26 PAGE