1. PORTFOLIO COMMITTEE ON HUMAN SETTLEMENTS
ILLEGAL OCCUPATION
15 JUNE 2011

2. OBJECTIVE
To Provide the Portfolio Committee with information on the status and processes involved in illegal occupation

3. MANDATE
Unlawful occupation is dealt with in terms of the Prevention of Illegal Eviction from Unlawful Occupation of Land Act, Act 19 of 1998;
What is unlawful occupation: Means “a person who occupies land without the express or tacit consent of the owner or person in charge, or without any in law to occupy such land”
Prevalence:
New informal settlements
Newly constructed but unallocated houses

4. Prevention of Illegal Eviction from Unlawful Occupation of Land Act, Act 19 of 1998;
No person may occupy land without the consent of the owner;
If so guilty of offence and is liable to a fine or imprisonment not exceeding two years;
Act prescribed certain procedures;
14 days before hearings court must serve written notice of proceedings – must be adequate notice and allow the unlawful occupier to defend case

5. Prevention of Illegal Eviction from Unlawful Occupation of Land Act, Act 19 of 1998;
Notice must indicate date and time of court case, grounds for eviction;
If land is occupied less than six months, court may grant order of eviction if satisfied that it is just and equitable to do so;
If land is occupied more than six months land must be made available by municipality or other organ of state for relocation of unlawful occupiers

6. Municipal procedures
After becoming aware of illegal occupation, visited area with Metro Police;
Both Council and private land need to obtain eviction order within 48 hours;
If not then Council has to provide illegal occupiers with basic services as determined by Extension of Security of Tenure Act;
If private land and landlord fails to secure eviction order, then Council can also be expected to provide basic services as determined by court in the “Grootboom” case, Cape Town;

7. BENEFICIARY ADMINISTRATION
Responsibility: Local Government:
Determine:
Number of informal settlements;
Size of backyard dwellers;
Housing needs in area
Compile waiting list
Package projects in IDP for possible funding from various sources, for example:
Housing needs : Dept of Human Settlements
Social grant needs: Dept of Social Development
Human Settlements projects and funding approved by MEC based on LG proposals

8. BENEFICIARY OCCUPANCY AUDIT
Beneficiary Occupancy Audit done in 2009/10 financial year on households in seven Provinces;
Findings in various Provinces as follows:

9. MAJOR FINDINGS Free State ITEM PERCENTAGE NUMBER Legal Occupant 30
4 470
Renting
2.2
328
Purchase
2.0
298
Registered title deed
23.2
3 427
Valid ID
99.8
14 780
Habitable (none or minor defects)
79.0
11 385
Not Habitable (major defects)
19.3
2 876

10. MAJOR FINDINGS North West ITEM PERCENTAGE NUMBER Legal Occupant 26
11 660
Renting
4.2
763
Purchase
3.0
545
Registered title deed
30.8
10 904
Valid ID
99.5
15 679
Habitable (none or minor defects)
78.1
17 821
Not Habitable (major defects)
19.5
3 543

11. MAJOR FINDINGS Mpumalanga ITEM PERCENTAGE NUMBER Legal Occupant 19
4 633
Renting
5.4
1 029
Purchase
2.6
496
Registered title deed
22.3
3 321
Valid ID
99.5
14 820
Habitable (none or minor defects)
68.0
10 278
Not Habitable (major defects)
21.8
3 246

12. MAJOR FINDINGS Gauteng ITEM PERCENTAGE NUMBER Legal Occupant 30.8
16 056
Renting
2.0
1 127
Purchase
1.6
808
Registered title deed
52.2
27 201
Valid ID
97.5
50 808
Habitable (none or minor defects)
89.2
46 516
Not Habitable (major defects)
1.7
865

13. MAJOR FINDINGS Western Cape ITEM PERCENTAGE NUMBER Legal Occupant 31.1
7 174
Renting
4.4
1 932
Purchase
3.2
1 408
Registered title deed
54.3
12 525
Valid ID
98.8
22 790
Habitable (none or minor defects)
97.8
23 016
Not Habitable (major defects)
0.2 46

14. MAJOR FINDINGS KwaZulu-Natal ITEM PERCENTAGE NUMBER Legal Occupant
52.5
13 893
Renting
2.4
15 815
Purchase
2.1
563
Registered title deed
33.9
8 970
Valid ID
99.2
26 260
Habitable (none or minor defects)
97.1
25 718
Not Habitable (major defects)
1.1
295

15. MAJOR FINDINGS Limpopo ITEM PERCENTAGE NUMBER Legal Occupant 55.8
12 373
Care Taker Occupant
10.5
2 345
Dependant
7.1
1 585
Second Owner
11.9
2 629
Unoccupied
2.9
643
Not built
8.4
1 862
Habitable (none or minor defects)
82.9
18 369
Not Habitable (major defects)
17.1
3 801

16. COMPARISON OF PROVINCES
ITEM FS NW MP GT WC
KZN LP
Legal Occupant
30.0
26.0
19.0
30.8
31.1
52.5
55.8
Renting
2.2
4.2
5.4
2.0
4.4
2.4
Purchase
3.0
2.6
1.6
3.2
2.1
0.0045
Registered title deed
23.2
22.3
52.2
54.3
33.9
N/A
Valid ID
99.8
99.5
97.5
98.8
99.2
97.1
Habitable
79.0
78.1
68.0
89.2
97.8
82.9
Not Habitable
19.3
19.5
21.8
1.7
0.2
1.1
17.1

17. THANK YOU