Die invloed van uitsettingswetgewing op die beskerming van onroerende boedelbates
Waldette Diana, Ryan
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The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 OF 1998 (herein after referred to as PIE) was promulgated in 1996 as a result of the changing Constitutional dispensation in which socio-economic rights play an important role. The original intention of PIE was to regulate illegal squatting and to provide protective measures for the eviction of such illegal squatters. In 2002 the scope of PIE was broadened to include lessees who fail to adhere to their rental obligations and mortgagees who fail to fulfil their bond obligations. As a result of this many homeowners experienced difficulty in obtaining eviction orders against these illegal occupiers due to the fact that they enjoy the protection of PIE. The PIE Amendment Bill of 2006 attempts to provide relief to these home owners by excluding lessees and mortgagees from the scope of the protection provided by PIE. However, the situation has proven to be complicated by recent case law pertaining to the right to housing. In Standard Bank of South Africa Ltd v Saunderson 2006 2 SA 264 (HHA) the court held that the constitutional right to housing enjoyed by a mortgagee is infringed upon when a warrant of execution against his immovable property is granted without judicial oversight. Although the South African courts have managed to successfully balance the interests of home owners against the interest of defenceless illegal occupiers, the PIE Amendment Bill will meet the needs of many homeowners by providing a fairly simple eviction procedure. The Amendment Bill will dispose of strict requirements and procedures where the lessee or mortgagee is not entitled to the protection of PIE. Defenceless illegal occupiers will however still enjoy protection against eviction under section 26(3) of the Constitution. Should no circumstances exist which entitles an illegal occupier to the protection of PIE, a home owner may proceed to follow a slightly easier route to obtain an eviction order. Within the scope of this dissertation, a closer look will be taken at the proposed PIE Amendment Bill and the impact thereof on defenceless illegal occupiers. Furthermore the impact of recent case law pertaining to the sale in execution of a home owner's immovable property on evictions will also be investigated. The abovementioned considerations should be kept in mind before attempting a hasty alteration of PIE, as the results thereof will not necessarily be in the best interest of society.
- Law