Page 6 - Litigating Land and Housing in South Africa: Lessons and Reflections

1 INTRODUCTION
Inspired by South Africa’s history the the the the Constitution and and international human rights standards the the the the Legal Resources Centre (LRC) is is is is is committed to to to the the the the the development of of a a a a a a a a a a a a a a a a a a a a a fully democratic society based on on on on on the the the the the principle of of substantive equality The The LRC LRC LRC provides free legal assistance to to to to the the the vulnerable and marginalised who suffer discrimination by reason of race class gender disability socio-economic or or historical circumstances The The LRC LRC seeks to to to ensure that the principles rights and and and responsibilities enshrined in in in in South Africa’s Constitution are promoted protected and and and fulfilled The LRC both for itself and and in in in in its its work is committed to:
• Ensuring a a a a a democratic accountable and transparent society in which equitable and inclusive access to justice dignity and human rights are lived realities for all • Promoting gender and and racial equality and and opposing all forms of unfair discrimination • Contributing to the social and economic transformation of society by using the law as an an instrument to challenge persistent and pervasive structural obstacles to inequality and • Contributing to ensuring that people in in in urban and and rural areas live in safe healthy and and equitably located living spaces The LRC has over the the past 10 years with the the financial assistance of Comic Relief worked on significant land and housing cases cases In particular on cases cases relating to the Prevention of of Illegal Evictions and Occupation of of Land Act 19 19 of of 1998 (“PIE”) the Extension of of Security of of Tenure Act 62 of of 1997 (“ESTA”) and cases on the provision of basic services and and some dealing with land reform and spatial justice Some of the clients assisted by LRC’s litigation include people living in in in in informal settlements farm dwellers and those living in in sectional title schemes Our legal interventions have sought to protect against evictions as as well as as promote and ad- vance people’s rights to access adequate housing land and basic services There are numerous instances throughout South Africa’s history of land dispossessions and and and and evictions – – in the the the past by by the the the apartheid and and and and and and colonial regimes – – and and and and and and presently both by by government and and and and and and private landowners Unfair evictions and and and and and land land dispossession lead to hardship conflict and and and social instability South Africa has has promulgated legislation to guard against unlawful evictions and and and and dispossession of land and and and and LRC has has used this legislation to litigate the the the protection and and and and and promotion of of the the the rights of of the the the dispossessed and and unhoused The PIE Act was promulgated to to prohibit unlawful evic- tion tion and to to prevent arbitrary deprivation of of property In particular the the the the preamble of of the the the the PIE Act provides that no one may be evicted from their their home home or or or have their their home home demolished without the the the the authority of of an an order of of court which may only be granted after considering all the the relevant circumstances Special consideration should be given to the the rights and and needs of the the elderly children disabled persons and and households headed by women This piece of legislation ensures that that occupiers are not evicted unlawfully and and rendered homeless and and that that their circumstances are considered extensively before an an an eviction order is granted In the context of of rural and and and farm land ESTA secures tenants’ rights to long-term security of of of tenure and and and and regu- lates the the conditions conditions of of residence on on on on on on certain land as as well as as providing the the the circumstances and and and conditions conditions under which the the rights of persons to reside on on on on on land may be terminated This legislation recognises that many South 6 LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS