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Eminent domain, land acquisition, compulsory purchase, resumption, resumption/compulsory acquisition, or expropriation is the power of a state, provincial, or national government to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the functions of public character.
Albert "Albie" Louis Sachs is a South African lawyer, activist, writer, and former judge appointed to the first Constitutional Court of South Africa by Nelson Mandela.
The KwaZulu-Natal Elimination and Prevention of Re-emergence of Slums Act, 2007 was a provincial law dealing with land tenure and evictions in the province of KwaZulu-Natal in South Africa.
The Prevention of Illegal Squatting Act, Act No 52 of 1951, formed part of the apartheid system of racial segregation in South Africa. This act authorized the forcible removal of squatting communities. It allowed eviction and destruction of homes of squatters by landowners, local authorities, and government officials. It was commenced on 6 July 1951.
South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. Among the formal functions of South African property law is the harmonisation of individual interests in property, the guarantee and protection of individual rights with respect to property, and the control of proprietary management relationships between persons, as well as their rights and obligations. The protective clause for property rights in the Constitution of South Africa stipulates those proprietary relationships which qualify for constitutional protection. The most important social function of property law in South Africa is to manage the competing interests of those who acquire property rights and interests. In recent times, restrictions on the use of and trade in private property have been on the rise.
Alexkor v Richtersveld Community, decided by the Constitutional Court in 2001, is an important case in South African law, with a particular bearing on the law of property and the use of customary law.
Residents of Joe Slovo Community, Western Cape v Thubelisha Homes and Others is an important case in South African property law, heard by the Constitutional Court on August 21, 2008, with judgment handed down on June 10.
Ndlovu v Ngcobo; Bekker and Another v Jika, an important case in South African property law, was heard in the Supreme Court of Appeal on May 23, 2002, with judgment handed down on August 30.
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is an act of the Parliament of South Africa which came into effect on 5 June, 1998, and which sets out to prevent arbitrary evictions.
Blue Moonlight Properties 039 (Pty) Ltd v Occupiers of Saratoga Avenue and Another, an important case in South African property law, was heard in the Witwatersrand Local Division by Judge Thokozile Masipa on 30 May 2008, with judgment handed down on 12 September.
Cooper NO en Andere v Die Meester en 'n Ander, an important case in South African property law, was heard in the Appellate Division on 7 November 1991, with judgment handed down on 5 March 1992.
Theart and Another v Minnaar NO; Senekal v Winskor 174 (Pty) Ltd is an important case in South African property law and civil procedure, as well as in the area of legal interpretation. It was heard in the Supreme Court of Appeal on November 5, 2009, with judgment handed down on December 3. Mpati P, Brand JA, Snyders JA, Malan JA and Bosielo JA presided. Counsel for the appellants was BC Wharton; CHJ Maree appeared for the respondent in case No. 483/08 and M. Verster for the respondent in case No. 007/09. These were appeals from two decisions in the High Court, Cape Town. The appellants' attorneys were RP Totos, Cape Town, and Symington & De Kok, Bloemfontein. The respondent's attorneys in case No. 483/08 were Van der Spuy & Vennote, Cape Town, and Phatshoane Henney Ing, Bloemfontein. The respondent's attorneys in case No. 007/09 were JC Van der Berg Attorneys, George, and Hill, McHardy & Herbst Ing, Bloemfontein.
South African environmental law describes the legal rules in South Africa relating to the social, economic, philosophical and jurisprudential issues raised by attempts to protect and conserve the environment in South Africa. South African environmental law encompasses natural resource conservation and utilization, as well as land-use planning and development. Issues of enforcement are also considered, together with the international dimension, which has shaped much of the direction of environmental law in South Africa. The role of the country's Constitution, crucial to any understanding of the application of environmental law, also is examined. The National Environmental Management Act (NEMA) provides the underlying framework for environmental law.
South African administrative law is the branch of public law which regulates the legal relations of public authorities, whether with private individuals and organisations or with other public authorities, or better say, in present-day South Africa, which regulates "the activities of bodies that exercise public powers or perform public functions, irrespective of whether those bodies are public authorities in a strict sense." According to the Constitutional Court, administrative law is "an incident of the separation of powers under which the courts regulate and control the exercise of public power by the other branches of government."
In 2009, the Anti-Land Invasion Unit was created by the City of Cape Town in an effort to stop people from illegally attempting to occupy land. In 2011 the City stated that the unit demolished about 300 shacks each month. The Anti-Land Invasions Unit is the biggest unit in the City's law enforcement operation.
In March 2013 around a thousand people occupied a piece of land in Cato Crest, Durban and named it Marikana after the Marikana miners' strike. Mayor James Nxumalo blamed the occupation on migrants from the Eastern Cape. He was strongly criticised for this by the shack dwellers' movement Abahlali baseMjondolo who said that "The City Hall is red with blood".
Jaftha v Schoeman and Others, Van Rooyen v Stoltz and Others is an important case in South African law, in particular in the area of civil procedure, with its determination that the execution of immovable property is subject to judicial oversight.
On 27 April 2013, the national public holiday of Freedom Day in South Africa which some grassroots social movements have termed UnFreedom Day, members of Abahlali baseMjondolo occupied a piece of land in Philippi, Cape Town. They named the occupation Marikana after the Marikana miners' strike. The occupation was repeatedly destroyed by the city's anti-land invasion unit. According to the Daily Maverick the occupiers were evicted on six separate occasions. Two months after the eviction 90 people were still sleeping on the site under a tent.
Fraser v ABSA, an important case in South African criminal procedure and constitutional litigation, concerned the interpretation of chapter 5 of the Prevention of Organised Crime Act (POCA), dealing with the restraint and confiscation of property that constitutes the proceeds of crime.
Land invasion in South Africa is seen as the illegal occupation of land with the intention of erecting dwellings or establishing a settlement on it and is an issue that is affecting various municipalities in South Africa especially in the face of increased urbanisation in bigger metropolitans like The City of Cape Town, eThekwini Metropolitan Municipality and the City of Johannesburg Metropolitan Municipality.
References
- H Mostert and A Pope (eds) The Principles of The Law of Property in South Africa 1 ed (2010).
- Port Elizabeth Municipality v Various Occupiers 2005 (1) SA 217 (CC), 2004 CCT 53/03 SAFLII
- Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998.
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