Latest news with #UnlawfulOccupationofLandAct
IOL News
04-07-2025
- Business
- IOL News
How ageing infrastructure is impacting the local property market in South Africa
Municipalities are faced with the challenge of dealing with the legacies of the past regarding infrastructure development. Image: Se-Anne Rall The local property sector is facing challenges due to ageing public infrastructure, which suffers from limited maintenance and facilities management. This comes as South Africa marks the end of the first year since the seventh Administration took office, following the National and Provincial Government Elections that took place on 29 May last year. Additionally, there are ongoing delays in government payments to service providers, Nolubabalo Tsolo, the executive director at the Association of South African Quantity Surveyors (ASAQS), told "Independent Media Property". She said a key issue is the lack of transparency regarding national government properties. 'The government continues to occupy leased buildings while simultaneously leasing out its properties. To address these issues, the government needs to focus on improving its asset management systems. "This will ensure that public property assets meet both social and economic objectives, ultimately helping to identify the value they provide,' Tsolo said. The organisation which represents the quantity surveying profession at government, industry and any other forum said that with the 7th Administration, one year into the current term of office, the Minister of Public Works and Infrastructure (DPWI,) Dean Macphearson, has reported that state-owned buildings have been hijacked nationwide. ASAQS said the minister has committed to conducting a comprehensive audit of all government-owned properties. 'Additionally, the minister stated that these buildings will be rehabilitated and used for housing. This is a positive step toward addressing the housing challenge that we face in South Africa.' Addressing the Budget Vote on Wednesday, Human Settlements Minister Thembi Simelane highlighted illegal property occupation as a significant impediment to South Africa's development objectives. She said that during the current financial year, they will develop a Policy Framework for the Prevention of Illegal Eviction from an Unlawful Occupation of Land Act (PIE) to give effect to the latter's amendments. 'We will also embark on countrywide stakeholder consultations and engagement sessions with various sector partners in the human settlements value chain on the Prevention of Illegal Eviction from an Unlawful Occupation of Land Act (PIE) draft policy,' Simelane said. The housing backlog stands at over 2.4 million households in need of adequate housing in South Africa as per the National Housing Register. In the five years between 2024-2029, Simelane said working with all their strategic partners, they have undertaken to deliver 237 000 Breaking New Ground (BNG) units, 314 000 serviced stands, 140 000 subsidies disbursed through various housing interventions to the missing middle, upgrading 4 075 informal settlements, 15 000 social housing units, register and handover 80 000 title deeds and improve the management of available rental stock by achieving a 95% tenanting rate and a 90% collection rate in social rental stock. ASAQS said that challenges that are continuing to affect the South African property sector are the procurement processes, citing that there should be transparency on the procurement policies, and the country needs to be aware of the companies that are constantly appointed. It said the delay in the payment of service providers continues to be an obstacle to the progression of the economy of the country as this leads to companies closing and some employees' salaries being delayed. Tsolo said the DHS should aim to achieve a property management system that integrates with the asset management system and procurement system, thereby ensuring transparency to alleviate corruption. In the Budget Vote speech, Simelane said that a few years ago, the Department developed the Housing Subsidy System (HSS), a portal that is supposed to serve as a housing needs register data bank and information system. However, she said it is a legacy system which is not compatible with the latest technologies and lacks the critical component of citizen engagement. 'Working with the State Information Technology Agency (SITA), we are in the process of developing the National Digital Human Settlements Management System, which will modernise the way we manage human settlements data and improve coordination across departments. "This initiative will address current inefficiencies by providing a centralised platform for better resource management and service delivery,' Simelane said. She added that this system aims to improve efficiency, transparency, and accountability in the management of construction projects, ensuring the timely completion of projects and accurate allocation of resources. 'The integrated software solution aims to streamline and automate various processes related to managing human settlements. It will help government housing authorities, urban planners, and city administrators to efficiently manage housing, land, infrastructure development, housing beneficiary lists and related aspects of human settlements. "The development of a comprehensive, integrated online National Digital Human Settlements Management System (NDHS MS) will further enable citizens to apply online for a housing product and be informed about the outcome of their applications,' said Simelane.
Daily Maverick
22-05-2025
- Daily Maverick
Rental agreements — The dos and don'ts for tenants
The Rental Housing Act and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act are both in favour of tenants, but there are still some fine lines in terms of what tenants are not allowed to do in a rental property. Seeff rental agents advise that as a tenant, you must be aware of the limitations and rules to ensure you don't fall foul of them. The lease agreement is usually the guiding contract that outlines specifics pertaining to the use of the property. These would include the 'house rules' from the landlord on the use of the property, as well as the rules that pertain to the complex or estate. Ignoring them can have serious consequences for you, and even lead to your eviction. Breaches that require repairs or replacements are usually paid for from the rental deposit if the landlord can prove that you are responsible for the damage. This is why a pre-inspection list before you move in and a post-inspection list as soon as you move out are vital. Ask the rental agent or landlord for a copy of the pre-inspection list so that you have a record if, for example, there was a leaky tap in the spare bathroom or a damaged light fitting. Here are five things tenants cannot do: 1. Conduct illegal activities. Illegal activities are strictly prohibited in rental properties. They would include drug-related actions, disruptive unlicensed businesses or anything in contravention of South African law. Such activities violate the lease agreement and may lead to eviction. Apart from the legal consequences, these actions would breach your lease agreement and could result in eviction. 2. Make structural alterations. Generally, no changes or alterations, including knocking in nails for fixtures or to hang a photograph, may be done without the written permission of the landlord. In the event of such an arrangement with the landlord, there should be an agreement as to what happens when the lease ends. In most instances, the tenant must restore the property to its original state, and no compensation can be claimed. That means forking out for paint and also filling in any holes left behind when you remove nails or picture hooks. 3. Sublet the property without explicit permission. Most lease agreements expressly forbid the subletting of the property or sharing with other tenants without the owner's permission. The lease agreement is a contract between the tenant and the landlord, based on an assessment of the suitability of the tenant. Introducing a new, unvetted occupant could result in a breach of the lease agreement. 4. Cause a nuisance, disrupt neighbours or violate complex rules. Living in a rental property means being part of a community, whether it is a stand-alone house in a suburb or an apartment in a complex governed by a body corporate. Tenants are expected to be considerate of neighbours and adhere to complex rules, including keeping noise levels reasonable and respecting the use of public areas, including parking bays. 5. Cause damage beyond fair wear and tear. Although some wear and tear is to be expected over the course of a tenancy, the tenant is responsible for maintaining the property. Regular cleaning and reporting maintenance issues to the landlord or agent is therefore crucial to ensure that no damage results. Anything due to tenant neglect is usually for the tenant's account. DM
SowetanLIVE
23-04-2025
- Politics
- SowetanLIVE
SCA rules for evicted reclaimers that they have a right to earn a living
To do this work, which was their sole source of income, the occupiers had built shacks on the Midrand property, where they resided with their families. The City had identified a site at Kya Sands informal settlement as the relocation destination acceptable to the City and occupiers in 2022. 'However, the City imposed a condition for relocation to Kya Sands, that the occupiers would not be allowed to conduct their waste picking activities on the identified site.' The occupiers objected to that condition, leading to the high court ordering that the occupiers' new temporary accommodation allow them to store their goods. On appeal, the City argued that the 'right to earn a living' was essentially a 'commercial interest' and was not relevant to the determination of what was just and equitable in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (Pie Act). The City also said the Pie Act did not afford an unlawful occupier the right to choose where they wished to live, upon eviction. It also said the collection, sorting and storing of material from waste by the occupiers was an unlawful activity, as it was conducted in an area zoned 'special', contrary to the relevant zoning regulations. The occupiers submitted that the eviction would not be just and equitable if it did not take into account their means of earning a living. They needed to be relocated close to areas which created high value waste for them to collect, store and sell extracted recyclable material to the recycling companies. They also contended that the City had an obligation to act reasonably, as the right to earn a living was a component of the right to dignity. In its judgment, the SCA said the City's view was contradicted by a letter dated September 26 2022, from the city's attorneys, addressed to Seri Law Clinic, which represented the occupiers. The letter stated that: 'The City has endeavoured (as an indulgence to your clients) to find TEA (temporary emergency accommodation) that would cater for your client's needs. In this respect, and coincidentally, erf 128 Kya Sands is situated next to a recycling facility.' Mothle said both the SCA and the Constitutional Court have recognised that the right of occupiers to earn a living was a relevant factor to be considered by a court in terms of the Pie Act. Mothle said the City misconstrued the conduct of the occupiers as recyclers, when in effect, they were reclaimers who collected and sold waste material to recyclers for re-use. 'Second, the City sought to rely on the municipal zoning as prohibiting the sorting and storing of waste material, when it does not do so. 'Third, the City's condition is not supported by any law or policy and is thus arbitrary, irrational [and] unreasonable. In the circumstances, the appeal must fail,' Mothle said. TimesLIVE
