The law and squatters
SANDTON – The issue of squatters being removed from their land is one that has led to an interesting legal discussion. Is it legal to forcibly remove squatters?
In the Sandton Chronicle article, Dweller Dilemma, the issue of the George Lea squatters being forcibly removed was explained.
Like all controversial topics, this issue has led to a legal discussion and the question in this regard is, is it lawful to forcibly remove vagrants from a specific piece of land?
Attorney Tamara Stork answered this question in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act. She explained, “According to the act, the State must institute proceedings to evict any unlawful occupiers prior to evicting them. The unlawful occupier is entitled to appear before the court and defend the case and, where necessary, has the right to apply for legal aid.”
She said that if an unlawful occupier has occupied the land in question for less than six months at the time when the proceedings are initiated, a court may grant an order for eviction if it is of the opinion that it is ‘just and equitable to do so, after considering all the relevant circumstances’.
“What is extremely significant is the rights and needs of the elderly, children and disabled persons. If an unlawful occupier has occupied the land in question for more than six months at the time when the proceedings are initiated, a court may grant an order for eviction if it is of the opinion that it is just and equitable to do so. Relevant factors, for example, whether alternative land has been made available to the squatters, is considered,” explained Stork.
In the Sandton Chronicle article, Tough life in the shadows, Week ending 10 June, it was explained that one of the squatters, who wished only to be referred to as Dita, has been living in the park for 15 years.
She further explained that an organ of State may institute proceedings for the eviction of an unlawful occupier occupying land owned by it. This eviction may occur where the illegal squatter is occupying the land without the consent of the relevant organ of State. “This eviction may also occur where it is in the best interests of the public, including the interests of health and safety.”
In terms of health and safety, Metro police spokesperson, Edna Mamonyane, said that the illegal squatters who are living in George Lea Park are putting the lives of their babies at risk as these children can drown in the water body which flows through the park.
In the above-mentioned article, it was further explained that the squatters cannot wash in the water that flows through the park as it is so severely polluted.
Metro cleared George Lea North Park of many squatters on 9 June during a raid, however, on 13 June a Sandton Chronicle journalist found many squatters had returned and are still living in the park.
Read more:
George Lea squatters spark opinions
Community outrage at squatter camp in George Lea
