Land Matters and Rural Development: 2022

Abstract

The contribution deals with the most important 2022 developments linked to land in South Africa from a legal perspective. In this regard, the overarching land reform programme's three sub-programmes, redistribution, tenure reform and restitution, are dealt with, reflecting on legislative developments and case law. Despite several land claims being finalised, numerous are outstanding, while the new claims have not been investigated yet. In the case of N’Wandlamharhai Communal Property Association v Westcourt, the court found that the shareholder agreements do not indicate that previous servitudes bind successors-in-title. Two cases dealt with the historical upgrading of informal land rights in urban areas, namely Gauteng Provincial Government: Department of Human Settlements v Pogatsi and Gauteng Provincial Government: Department of Human Settlements v Motasi. In the first case, the court took the passing of time into account, while in the latter case, the occupiers were evicted to give effect to the right to housing of the descendants of the original occupiers. Several cases dealt with the Extension of Security of Tenure Act 62 of 1967, such as Frannero Property Investments 202 (Pty) Ltd v Selapa, where the court clarified who has to prove what about ESTA and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE). In the Constitutional Court case of Grobler v Phillips, the court focused on only one aspect of the considerations that should be considered for eviction. Developments in the pipeline, in the format of Bills, are also analysed briefly, namely the Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill [B6-2022], Unlawful Entering on Premises Bill, 2022, Housing Consumer Protection Bill [B10-2021], Deeds Registries Amendment Bill [B28-2022] and the Preservation and Development of Agricultural Land Bill [B8-2021]. Housing, eviction, unlawful occupation of land, and developments linked to deeds and registries are also commented on. The Interim Protection of Informal Land Rights Act 31 of 1996 is extended. The picture concerning land reform remains bleak, although some strides have been made in redistribution, rural development, and the finalisation of restitution claims.