Author: Laetitia Oliphant
Publisher:
ISBN:
Category : Eviction
Languages : en
Pages : 228
Book Description
This thesis set out to determine the degree to which the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act is in line with the objectives of South Africa's land reform policy with regard to the promotion of access to land and security of tenure, and to determine to which extent the Act has contributed to land reform. South Africa's history of denial of land rights by dispossession and forced removals made the regulation of evictions imperative. Before this, black people had no recource when they were forced off land that they occupied, or even owned, for decades. The purpose of the Act is "to provide for the prohibition of unlawful eviction; to provide for procedures for the eviction of unlawful occuiers; and to repeal the Prevention of Illegal Squatting Act 52 of 1951."
The Role and Functions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) in Land Reform in South Africa
Author: Laetitia Oliphant
Publisher:
ISBN:
Category : Eviction
Languages : en
Pages : 228
Book Description
This thesis set out to determine the degree to which the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act is in line with the objectives of South Africa's land reform policy with regard to the promotion of access to land and security of tenure, and to determine to which extent the Act has contributed to land reform. South Africa's history of denial of land rights by dispossession and forced removals made the regulation of evictions imperative. Before this, black people had no recource when they were forced off land that they occupied, or even owned, for decades. The purpose of the Act is "to provide for the prohibition of unlawful eviction; to provide for procedures for the eviction of unlawful occuiers; and to repeal the Prevention of Illegal Squatting Act 52 of 1951."
Publisher:
ISBN:
Category : Eviction
Languages : en
Pages : 228
Book Description
This thesis set out to determine the degree to which the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act is in line with the objectives of South Africa's land reform policy with regard to the promotion of access to land and security of tenure, and to determine to which extent the Act has contributed to land reform. South Africa's history of denial of land rights by dispossession and forced removals made the regulation of evictions imperative. Before this, black people had no recource when they were forced off land that they occupied, or even owned, for decades. The purpose of the Act is "to provide for the prohibition of unlawful eviction; to provide for procedures for the eviction of unlawful occuiers; and to repeal the Prevention of Illegal Squatting Act 52 of 1951."
The Protection of Economic, Social and Cultural Rights in Africa
Author: Danwood Mzikenge Chirwa
Publisher: Cambridge University Press
ISBN: 1107173655
Category : Law
Languages : en
Pages : 609
Book Description
This book critically examines models of domestic, regional and international judicial protection of economic, cultural and social rights in Africa.
Publisher: Cambridge University Press
ISBN: 1107173655
Category : Law
Languages : en
Pages : 609
Book Description
This book critically examines models of domestic, regional and international judicial protection of economic, cultural and social rights in Africa.
Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (19/1998).
Author: South Africa
Publisher:
ISBN: 9781869111465
Category : Eviction
Languages : en
Pages :
Book Description
Publisher:
ISBN: 9781869111465
Category : Eviction
Languages : en
Pages :
Book Description
Property in the Margins
Author: A J van der Walt
Publisher: Bloomsbury Publishing
ISBN: 1847315100
Category : Law
Languages : en
Pages : 302
Book Description
Having its origins in the process of transformation and land reform that began to take shape in South Africa at the end of the last century, this strikingly original analysis of property starts from deep inside the property regime and not from a distant or abstract perspective on property rules and practices. Focusing on issues of stability and change in a transformative setting and on the role of tradition and legal culture in that context, the book argues that a property regime, including the system of property holdings and the rules and practices that entrench and protect them, tends to insulate itself against change through the security- and stability-seeking tendency of tradition and legal culture, including the deep assumptions about security and stability embedded in the rights paradigm, rhetoric and logic that dominate current legal culture. The rights paradigm tends to stabilise the current distribution of property holdings by securing extant property holdings on the assumption that they are lawfully acquired, socially important and politically and morally legitimate. This function of the rights paradigm tends to resist or minimise change, including change brought about by morally, politically and legally legitimate and authorised reform or transformation efforts. The author's goal is to gauge the lasting power of the rights paradigm by investigating its effects in the margins of property law and of society, by establishing the actual efficacy and power of reformist or transformative anti-eviction policies and legislation aimed at the protection of marginalised and weak land users and occupiers in areas such as landlord-tenant law, eviction of unlawful occupiers of land and other restrictions on the landowner's power to enforce a stronger right to exclusive possession. Ultimately the book's aim is to explore the possibility of opening up theoretical space where justice-inspired changes to (or transformation of) the extant property regime can be imagined and discussed more or less fruitfully from an unusual perspective, a perspective from the margins which is valuable for any theoretical consideration or discussion of property.
Publisher: Bloomsbury Publishing
ISBN: 1847315100
Category : Law
Languages : en
Pages : 302
Book Description
Having its origins in the process of transformation and land reform that began to take shape in South Africa at the end of the last century, this strikingly original analysis of property starts from deep inside the property regime and not from a distant or abstract perspective on property rules and practices. Focusing on issues of stability and change in a transformative setting and on the role of tradition and legal culture in that context, the book argues that a property regime, including the system of property holdings and the rules and practices that entrench and protect them, tends to insulate itself against change through the security- and stability-seeking tendency of tradition and legal culture, including the deep assumptions about security and stability embedded in the rights paradigm, rhetoric and logic that dominate current legal culture. The rights paradigm tends to stabilise the current distribution of property holdings by securing extant property holdings on the assumption that they are lawfully acquired, socially important and politically and morally legitimate. This function of the rights paradigm tends to resist or minimise change, including change brought about by morally, politically and legally legitimate and authorised reform or transformation efforts. The author's goal is to gauge the lasting power of the rights paradigm by investigating its effects in the margins of property law and of society, by establishing the actual efficacy and power of reformist or transformative anti-eviction policies and legislation aimed at the protection of marginalised and weak land users and occupiers in areas such as landlord-tenant law, eviction of unlawful occupiers of land and other restrictions on the landowner's power to enforce a stronger right to exclusive possession. Ultimately the book's aim is to explore the possibility of opening up theoretical space where justice-inspired changes to (or transformation of) the extant property regime can be imagined and discussed more or less fruitfully from an unusual perspective, a perspective from the margins which is valuable for any theoretical consideration or discussion of property.
Extension of Security of Tenure Act 62 of 1997 and Regulations
Author: South Africa
Publisher:
ISBN: 9781485106531
Category : Landlord and tenant
Languages : en
Pages : 126
Book Description
Publisher:
ISBN: 9781485106531
Category : Landlord and tenant
Languages : en
Pages : 126
Book Description
Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill
Author: South Africa. Parliament (1994- ). National Assembly
Publisher:
ISBN: 9781770371651
Category : Bills, Legislative
Languages : en
Pages : 10
Book Description
Publisher:
ISBN: 9781770371651
Category : Bills, Legislative
Languages : en
Pages : 10
Book Description
Commercial Law Reports 2002
Author:
Publisher: The Law Publisher CC
ISBN: 1920569103
Category :
Languages : en
Pages : 276
Book Description
Publisher: The Law Publisher CC
ISBN: 1920569103
Category :
Languages : en
Pages : 276
Book Description
A Critical Analysis of the Influence of the "Prevention of the Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998" on Investment in Residential Income-producing Property
Author: Brink Botha
Publisher:
ISBN:
Category : Eviction
Languages : en
Pages :
Book Description
Publisher:
ISBN:
Category : Eviction
Languages : en
Pages :
Book Description
The rights of the evicted versus the evictor
Author: Rishongile Corrinne Lynn Nkwinika
Publisher:
ISBN:
Category : Anti-racism
Languages : en
Pages : 104
Book Description
Publisher:
ISBN:
Category : Anti-racism
Languages : en
Pages : 104
Book Description
Understanding Land Tenure Law
Author: South Africa
Publisher: Juta and Company Ltd
ISBN: 9780702181641
Category : Law
Languages : en
Pages : 298
Book Description
Understanding Land Tenure Law contains a commentary on land tenure law in South Africa together with the 3 key pieces ot legislation: the Labour Tenants Act, the Extension ol Security ol Tenure Act and the Prevention ol Illegal Eviction Act. The text explains key definitions in the law and provides useful, practical guidelines on land rights deputes to government, legal practitioners, paralegals and NGOs in the land sector. The relevant case law is explained in an accessible, non-legalistic manner. Understanding Land Tenure Law also sets out the nature and scope ol legal protection available to occupiers of land and labour tenants, with a section on access to the courts, including the Land Claims Court.
Publisher: Juta and Company Ltd
ISBN: 9780702181641
Category : Law
Languages : en
Pages : 298
Book Description
Understanding Land Tenure Law contains a commentary on land tenure law in South Africa together with the 3 key pieces ot legislation: the Labour Tenants Act, the Extension ol Security ol Tenure Act and the Prevention ol Illegal Eviction Act. The text explains key definitions in the law and provides useful, practical guidelines on land rights deputes to government, legal practitioners, paralegals and NGOs in the land sector. The relevant case law is explained in an accessible, non-legalistic manner. Understanding Land Tenure Law also sets out the nature and scope ol legal protection available to occupiers of land and labour tenants, with a section on access to the courts, including the Land Claims Court.