, Question 1
Introduction
The unlawful occupation of dilapidated and unsafe buildings presents a
profound legal dilemma in South Africa, situated at the intersection of
property rights, municipal governance, and constitutional protections of
housing and human dignity. Section 26 of the Constitution of the Republic
of South Africa, 1996, guarantees the right of access to adequate housing and
prohibits evictions without a court order made after considering all relevant
circumstances. However, this right is not absolute; it must be balanced against
both the property owner’s entitlements under section 25 (protection of property
rights) and the duty of the state, particularly municipalities, to safeguard the
health and safety of occupiers under section 24 (the right to an environment
that is not harmful to health or well-being). Where occupation of a building
poses immediate risks, the legal framework prioritises public safety and
health, thereby triggering the application of specific legislation outside of the
ordinary eviction regime.
(1) Applicable Legislation
The primary legislation governing the eviction of people from unsafe or
unhealthy buildings is the National Building Regulations and Building
Standards Act 103 of 1977 (NBRBSA). Section 12(4)(b) authorises a local
authority to order that a building which is “unfit for human habitation” or “in a
dangerous condition” be vacated immediately. Furthermore, section 12(4)(a)
empowers municipalities to prohibit the use or occupation of such a building
until remedial measures are undertaken. The legal rationale underpinning this
provision is to safeguard life and public health, recognising that structural
instability or unhealthy conditions may present imminent risks.
While the Prevention of Illegal Eviction from and Unlawful Occupation of
Land Act 19 of 1998 (PIE) generally governs eviction processes, the
Introduction
The unlawful occupation of dilapidated and unsafe buildings presents a
profound legal dilemma in South Africa, situated at the intersection of
property rights, municipal governance, and constitutional protections of
housing and human dignity. Section 26 of the Constitution of the Republic
of South Africa, 1996, guarantees the right of access to adequate housing and
prohibits evictions without a court order made after considering all relevant
circumstances. However, this right is not absolute; it must be balanced against
both the property owner’s entitlements under section 25 (protection of property
rights) and the duty of the state, particularly municipalities, to safeguard the
health and safety of occupiers under section 24 (the right to an environment
that is not harmful to health or well-being). Where occupation of a building
poses immediate risks, the legal framework prioritises public safety and
health, thereby triggering the application of specific legislation outside of the
ordinary eviction regime.
(1) Applicable Legislation
The primary legislation governing the eviction of people from unsafe or
unhealthy buildings is the National Building Regulations and Building
Standards Act 103 of 1977 (NBRBSA). Section 12(4)(b) authorises a local
authority to order that a building which is “unfit for human habitation” or “in a
dangerous condition” be vacated immediately. Furthermore, section 12(4)(a)
empowers municipalities to prohibit the use or occupation of such a building
until remedial measures are undertaken. The legal rationale underpinning this
provision is to safeguard life and public health, recognising that structural
instability or unhealthy conditions may present imminent risks.
While the Prevention of Illegal Eviction from and Unlawful Occupation of
Land Act 19 of 1998 (PIE) generally governs eviction processes, the
