South Africans have been asked to celebrate the new year a little differently, as 2020 closes with a second wave of infections driven by a new Covid-19 variant.
President Cyril Ramaphosa announced harsher restrictions, with the country moved to Level 3 as of Tuesday 29 December - up until 15 January 2021. South Africans are now restricted to a curfew of 9pm, and alcohol sales have been banned. There are no restrictions on residential property sales, other than the prerequisite social distancing and health protocols that apply for all businesses allowed to operate under the amended Alert Level 3.
The restrictions do, however, mean no evictions can be executed.
Previously under Alert Level 3, eviction orders could be applied for and processed but not executed - and under the amended regulations of the Disaster Management Act, the same conditions apply. According to section 37, no person may be evicted for the duration of the alert level, unless under the appropriate court grants the necessary order. South African courts are in recess up until 7 January.
The following conditions apply for Eviction and Demolition of Places of Residence, as well as Rental Housing - as set out in the amended regulations:
Eviction and Demolition of Places of Residence
37. (1) A person may not be evicted from his or her land or home or have his or her place of residence demolished for the duration of the national state of disaster unless a competent court has granted an order authorising the eviction or demolition.
(2) A competent court may suspend or stay an order for eviction or demolition contemplated in subregulation (1) until after the lapse or
termination of the national state of disaster unless the court is of the opinion that it is not just or equitable to suspend or stay the order having regard, in addition to any other relevant consideration. to-
(a) the need, in the public interest for all persons to have access to a place of residence and basic services to protect their health and the health of others and to avoid unnecessary movement and gathering with other persons:
(b) any restrictions on movement or other relevant restrictions in place at the relevant time in terms of these Regulations;
(c) the impact of the disaster on the parties;
(d) the prejudice to any party of a delay in executing the order and whether such prejudice outweighs the prejudice of the persons who will be subject to the order:
(e) whether any affected person has been prejudiced in their ability to access legal services as a result of the disaster:
(f) whether affected persons will have immediate access to an alternative place of residence and basic services:
(g) whether adequate measures are in place to protect the health of any person in the process of a relocation:
(h) whether any occupier is causing harm to others or there is a threat to life: and
(i) whether the party applying for such an order has taken reasonable steps in good faith, to make alternative arrangements with all affected persons, including but not limited to payment arrangements that would preclude the need for any relocation during the national state of disaster.
(3) A court hearing an application to authorise an eviction or demolition may, where appropriate and in addition to any other report that is
required by law, request a report from the responsible member of the executive regarding the availability of emergency accommodation or quarantine or isolation facilities pursuant to these Regulations.
READ: What tenants want? | Two things landlords can do to secure good tenants
Rental housing
38. (1) During the national state of disaster, the Rental Housing Tribunals established under the Rental Housing Act. 1999 (Act No. 50 of
1999) -
(a) must determine fair procedures for the urgent hearing of disputes; or
(b) may grant an urgent ex parte spoliation order including to restore the occupation of a dwelling or access to services provided that an
affected party may. on 24 hours' notice. require that a hearing be promptly convened.
(2) During the national state of disaster and without derogating from the protections afforded by the Rental Housing Act, 1999 or any provincial unfair practice regulation in place or the duty to consider the interests of both the landlord and tenant on a just and equitable basis, the following conduct is presumed to be an unfair practice for purposes of the Act:
(a) The termination of services in circumstances where -
(i) the landlord has failed to provide reasonable notice and an opportunity to make representations:
(ii) the landlord has failed, reasonably and in good faith to make the necessary arrangements including to reach an agreement regarding alternative payment arrangements, where applicable;or
(iii) no provision has been made for the ongoing provision of basic services during the national state of disaster.
(b) The imposition of any penalty for the late payment of rental where the default is caused by the disaster, whether or not the penalty takes the form of an administrative charge or any other form other than interest.
(c) The failure of a landlord or tenant to engage reasonably and in good faith to make arrangements to cater for the exigencies of the disaster.
(d) Any other conduct prejudicing the ongoing occupancy of a place of residence, prejudicing the health of any person or prejudicing the
ability of any person to comply with the applicable restrictions on movement that is unreasonable or oppressive having regard to the
prevailing circumstances.
(3) Where the protections afforded by any Unfair Practice Regulations in force in any province are greater than those provided in this
regulation the provisions of the provincial Unfair Practice Regulations shall apply.
(4) The Cabinet member responsible for human settlements must after consulting with the Rental Housing Tribunals issue directions
disseminating information about the manner in which the Tribunals will conduct their proceedings during the national state of disaster including but not limited to:
(a) the manner in which Tribunals will facilitate expeditious access to any aggrieved person; and
(b) the convening of remote hearings or the convening of hearings at any suitable place.
Print
