Answer to Question #193368 in English for ORATILE

Question

2.2 CONSIDER THE PROTECTION OF UNLAWFUL OCCUPIERS OF LAND UNDER MODERN SOUTH AFRICAN LAW AND ANSWER THE FOLLOWING

a, WHY DO YOU THINK THE CONSTITUTION PROTECTS THE RIGHTS OF UNLAWFUL OCCUPIERS OF LAND

CONSIDER THE RELEVANT HISTORICAL FACTORS AND APPLICABLE FUNDAMENTAL RIGHTS IN YOUR ANSWER

b, HOW DOES MODERN SOUTH AFRICAN LAW PROTECT THE RIGHT OF UNLAWFUL OCCUPIERS OF LAND

Answer 1

A. The South African constitution protects the rights of unlawful land occupiers owing to the fundamental principle of giving the occupiers time to look for alternative places to live. The constitution bars land owners from evicting occupiers without a court order. Furthermore, it is mandatory for the land owner to give the occupiers two weeks notice. The essence of the court owner is to accord the occupier the right to legal representation and fair judgement. In some cases, the occupiers might be ignorant of modern land laws because they are used to cultural land provisions.

B. Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 1998 makes it illegal to evict an unlawful land occupiers unless the order is given by a court. The statute protects the rights of unlawful occupants by ensuring that only after the court listens to their plight and makes judgement, can such an eviction take place. Therefore, if the unlawful occupier presents a valid case they can be allowed to stay in the land.