Restitution
front page

What's new?

Archive front page

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2007

2006

2008

2009

Thanks for reverting back to me. The problem as mentioned is not a simple contractual breach

The tenants rights that were lost came about as a result of apartheid in South Africa and the Governments Policy of segregation of separate residential and business areas set aside for the various communities.

As you are no doubt aware, and without me being too political, the previous Government introduced GROUP AREA LEGISLATION in 1950 which effectively controlled the occupation of land. Areas throughout our country were set aside for specific race groups to live. This 1950 the Group Areas Act when passed, addressed the provisions on how to control ownership and occupation of land. However, although it did adequately address the aspect as to how people were to be removed, the Act simply provided the title of "disqualified persons" and "disqualified company" for those who resided in demarcated areas. Disqualified persons were able to retain ownership of their property in their lifetime but their heirs would be required to dispose of the inherited property to a member of the applicable race group. Properties owned by "disqualified companies" were required to dispose of the property within ten years.

The Group Areas Development Act of 1955 was subsequently passed. This Act dealt with the disposing and acquiring of "disqualified" properties now termed "affected property". The Act could apply to any group but its application was not mandatory. However, once applicable all affected property would at first have to be offered to the Group Areas Development Board. Only when the Board waived its rights could a sale take place.

Due to the implementation of this racial legislation, people were dispossessed of their properties and their rights. Forced removal took place and subsequently new buildings were erected in the affected areas. The new ANC Government then passed a Land Restitution Act in 1994 to enable those people who had lost their rights in property to receive restitution either in the form of returning the property to them or financial compensation etc.

I have dealt with the situation pertaining to ownership of the land but I am now seeking information on dealing with the Tenants Rights and how to compensate them. Ideally, international restitution court cases would be help tremendously in enabling us to set precedents in our courts.

If you require further information please advise.

Regards

JERRY