draft law to make building hijacking illegal 
13 March 2008 
 
Draft legislation tabled in Parliament seeks to prevent illegal evictions, but includes safeguards against building hijackings.

According to a memorandum attached to the draft Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill, many buildings, particularly high-rise buildings, have been and continue to be occupied unlawfully, often at the instance of non-owners who then collect rent from the illegal occupants.

The bill proposes the definition of "land" be expanded to include "buildings and structures on land".  An "unlawful occupier" is defined as someone occupying land without the owner's consent, or without any other lawful right to occupy it.

The bill also proposes that the principal Act be amended to make arranging an unlawful land invasion especially on land earmarked for housing development, an offence.

Anyone receiving money for arranging a land invasion will have to repay it and assets bought with this money can be seized and resold.  The law currently makes a distinction between people occupying land for less than six months, and those who have been living on it for longer.  In the former case the law prescribes certain criteria which a court may take into account when deciding whether or not to issue an eviction order.

These include the circumstances surrounding the occupation, the availability of alternative accommodation and the rights of women, children, the disabled and women-headed households.

The Bill seeks to remove the distinction and provide for a single set of criteria to be applicable in all cases of unlawful occupation.

This article was originally published on page 5 of Cape Times on March 13, 2008 

 Sapa, www.iol.co.za