Illegal eviction and unlawful occupation of land : a comparative perspective

Abstract

This study examines how the unlawful occupation of land has been dealt with in South Africa. This has been done by way of analysing relevant legislation, case law and literature. This study also places into perspective the context in which people unlawfully occupy land. It further analyses how the current legal position with regard to the unlawful occupation of land affects the position of both unlawful occupiers and landowners. A survey of international instruments recognising the right to housing and the right to property has been conducted in order to determine whether South African law is in line with international law concerning the right to housing and the right to property. A comparative analysis of the experience with unlawful occupation of land in Zimbabwe and Britain was also undertaken. This was mainly done by way of a literature survey. This study is aimed at finding a balance between the demands of both landowners and the homeless and further illustrates how the position of unlawful occupiers of land can be strengthened without infringing the rights of landowners more than what is necessary.