One of the fundamental human rights entrenched in the South African Constitution is to have access to adequate housing. It is for this reason that the legislature has enacted statutes such as the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 1998. Although the statute does not take away the rights of owners of land and buildings, but put procedures in place to ensure that people are not evicted – and, possibly, put onto the street – without a number of checks and balances being satisfied
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