The South African Human Rights Commission (Commission) is an institution established in terms of Section 181 of the Constitution which is specifically mandated to: Promote respect for human rights; Promote the protection development and attainment of human rights; and Monitor and assess the observance of human rights in South Africa. Section 184(2) (c) and (d) of the Constitution empowers the Commission to investigate, monitor and report on the observance of human rights in the country. Section 182(2) (c) and (d) affords the Commission authority to carry out research and to educate on human rights related matters. The Human Rights Commission Act, 54 of 1994 (Human Rights Commission Act) further supplements the powers of the Commission. It needs to be emphasized that the SAHRC does not represent any particular party at an individual level, nor does it represent any committees representing such parties or other stakeholders. It engages in this process on the basis of its constitutional mandate to protect and promote a culture of human rights, as set out in the Constitution and the Human Rights Commission Act. This paper will be divided into two parts. The first part will l highlight the law pertaining to evictions and will also note the international best practices in evicting unlawful occupiers. Thereafter, the paper will note the jurisprudential pronouncements of the courts in South Africa. The second part will delineate the crystallised principles adumbrated by the courts regarding evictions of unlawful occupiers. The paper will conclude with recommendations to the relevant stakeholders involved during the eviction process, these are the municipalities, sheriffs and members of the South African Police Services. B. Background to the matter In June 2014, hundreds of people were left homeless at Nomzamo settlement in Strand after the South African National Road Agency Limited (SANRAL) initiated the demolition and destruction of their homes from land owned by SANRAL. During an inquiry commissioned by the Human Settlement’s Minister it was heard that SANRAL had obtained a court interdict in January 2014 to prevent land invasions. The Commission commends the Ministry of Human Settlements for establishing a Ministerial Enquiry on 4 June 2014 which seeks among other things to investigate the circumstances under which the
The South African Human Rights Commission (Commission) is an institution established in terms of Section 181 of the Constitution which is specifically mandated to: Promote respect for human rights; Promote the protection development and attainment of human rights; and Monitor and assess the observance of human rights in South Africa. Section 184(2) (c) and (d) of the Constitution empowers the Commission to investigate, monitor and report on the observance of human rights in the country. Section 182(2) (c) and (d) affords the Commission authority to carry out research and to educate on human rights related matters. The Human Rights Commission Act, 54 of 1994 (Human Rights Commission Act) further supplements the powers of the Commission. It needs to be emphasized that the SAHRC does not represent any particular party at an individual level, nor does it represent any committees representing such parties or other stakeholders. It engages in this process on the basis of its constitutional mandate to protect and promote a culture of human rights, as set out in the Constitution and the Human Rights Commission Act. This paper will be divided into two parts. The first part will l highlight the law pertaining to evictions and will also note the international best practices in evicting unlawful occupiers. Thereafter, the paper will note the jurisprudential pronouncements of the courts in South Africa. The second part will delineate the crystallised principles adumbrated by the courts regarding evictions of unlawful occupiers. The paper will conclude with recommendations to the relevant stakeholders involved during the eviction process, these are the municipalities, sheriffs and members of the South African Police Services. B. Background to the matter In June 2014, hundreds of people were left homeless at Nomzamo settlement in Strand after the South African National Road Agency Limited (SANRAL) initiated the demolition and destruction of their homes from land owned by SANRAL. During an inquiry commissioned by the Human Settlement’s Minister it was heard that SANRAL had obtained a court interdict in January 2014 to prevent land invasions. The Commission commends the Ministry of Human Settlements for establishing a Ministerial Enquiry on 4 June 2014 which seeks among other things to investigate the circumstances under which the
CONTRIBUTION%20TO%20THE%20MANDATE%20OF%20THE%20LWANDLE%20MINISTERIAL%20ENQUIRY.docx