Appendix:
SEMPLE'S PREVENTION OF ILLEGAL EVICTION FROM AND UNLAWFUL OCCUPATION OF LAND AMENDMENT BILL
MEMORANDUM
Notice was hereby given of the introduction of a Private Members’ Bill in terms of Section 73 (2) read with Section 76 (1) of the Constitution. In terms of rule 234 (read with rule 230 (1), a member must submit to the Speaker a memorandum which:
sets out particulars of the proposed legislation
explains the objects of the proposed legislation; and
states whether the proposed legislation will have financial implications for the State and, if so, whether those implications may be a determining factor when the proposed legislation was considered.
The Honourable Speaker was requested to deal with this Bill in terms of Section 235 of the National Assembly Rules.
PARTICULARS OF PROPOSED LEGISLATION
Prevention of Illegal Eviction From and Unlawful Occupation of Land Amendment Bill
To amend the definition of "unlawful occupier" in the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act, No 19 of 1998 so as to leave no doubt that the Act applies to squatters only and not to bond defaulters or tenants who fail to pay their rent.
Amendment of Definition (xi) (Line 14 of the Act, No 19 of 1998)
1. The definition of "unlawful occupier" was amended by the insertion after the words "person who", where they appear in line 14 of the Act, of the words "initially occupied and still"
Thus the full, amended definition reads:
(xi) "unlawful occupier" means a person who initially occupied and still occupies land without the express or tacit consent of the owner or person in charge, or without any other right in law to occupy such land, excluding a person who was an occupier in terms of the Extension of Security of Tenure Act, 1997, and excluding a person whose informal right to land, but for the provisions of this Act, would be protected by the provisions of the Interim Protection of informal Land Rights Act, 1996 (Act No. 31 of 1996).
THE OBJECTS OF THE PROPOSED LEGISLATION
The intended Bill had as object:
To change the definition of "unlawful occupier" so that it was not open to different interpretations.
To change the definition of "unlawful occupier" so as to leave no doubt that the intention of the Act will be to remove originally lawful occupiers from the definition of "unlawful occupiers" therefore providing protection for the rights of Landlords and Bond grantors.
To create a more financially stable environment for landowners in South Africa.
To ensure that all tenants were not prejudiced by being required to pay very large deposits when taking occupation of rented premises.
To ensure that applicants for bond finance were not subjected to even more stringent financial hurdles before having access to bond assistance.
FINANCIAL IMPLICATIONS
The Legislation will have no financial implications.
Name of Member: Janet Semple