STATEMENT BY BRETT HERRON, GOOD MEMBER OF THE WESTERN CAPE PROVINCIAL PARLIAMENT AND SECRETARY-GENERAL
17 AUGUST 2020
The Minister of Cooperative Governance and Traditional Affairs published revised regulations today that give effect to the announcement by the President that the country would move to Level 2 of the risk adjusted strategy which includes greater business activity and increased social movement.
We welcome the fact that these new regulations squarely and clearly clamp down those who have failed to provide adequate housing solutions but who have also pursued a rigorous campaign of eviction and demolition.
Now the regulations against evictions have been enhanced to explicitly prohibit both evictions and demolitions unless the eviction and/or demolition has been ordered by a court. These new regulations apply until the termination of the state of disaster.
Regulation 53 provides that:
“A person may not be evicted from his or her land or home or have his or her place of residence demolished for the duration of the national state of disaster unless a competent court has granted an order authorising the eviction or demolition.”
The regulations also provide the circumstances a court must take into account when considering an application for an eviction or demolition order. These conditions include that it is in the public interest for all people to have a place of residence and access to basic services and whether the people will have access to an alternative place of residence or alternative services.
In addition the regulations have given clear directions to Rental Housing Tribunals to protect tenants from eviction and other unfair practices including by making an urgent order to restore the tenant’s occupation of rented premises or to restore access to services.
The new regulations also empower Rental Housing Tribunals to consider as an unfair practice the imposition of any penalty for a default of the payment of rent or for services that may have been caused by the state of disaster.
These are far reaching and important protections for vulnerable tenants and informal settlement dwellers which recognise the severe impact of the lockdown on the ability of people to honour their lease agreements and we welcome them.