New laws plan to give stronger rights to ‘land occupiers’
The Select Committee on Land and Mineral Resources has called for public comment on the Extension of Security of Tenure Amendment Bill.
The bill, which was first proposed in 2015, aims to strengthen the rights of farm workers, farm dwellers, and the occupiers of vacant land and their families.
According to Legalbrief expert, Pam Saxby, the draft laws provide that a land ‘occupier’ may now only be evicted in terms of a court order issued if he/she was legally represented at the proceedings.
However, an occupier may expressly waive his/her right to state-funded legal representation, provided the court finds that, in so doing, ‘the interests of justice would not be harmed’.
Other proposals featured in the bill include the establishment of district land rights management committees and a land rights management board, which will be tasked with monitoring the processes preceding legal evictions and ensuring that specific procedures are followed.
The bill is now expected to undergo a second round of parliamentary hearings while public comments are expected by no later than Sunday, 20 May 2018.
Land
The Security of Tenure Amendment Bill is likely to be followed closely by the issue of land expropriation without compensation.
The Joint Constitutional Review Committee, tasked with the review of section 25 of the Constitution, officially began public consultations in April.
This comes after the National Assembly in concurrence with the National Council of Provinces instructed the Committee to make the necessary constitutional amendments where applicable with regards to the kind of future land tenure regime needed.
The closing date for written submissions and requests for oral presentation is Thursday, 31 May 2018.
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