NATIONAL NEWS - AfriForum is offering advice to the public on how to avoid becoming a victim of house hijackings and property invasions after identifying a new phenomenon of syndicates illegally occupying and taking over private property.
The civil rights organisation says that syndicates sometimes hire people to occupy buildings while collecting rental money from them.
“It leaves property owners and lawful occupants at a disadvantage when it comes to evicting either the syndicates or their tenants,” reads an AfriForum statement.
“South Africa’s current legislative framework makes it extremely difficult to speedily obtain an eviction order. Not only this, but it seems as though these syndicates deliberately oppose any legal proceedings taken against them, even if they have no justifiable defence to put forward.
Many syndicates have lawyers ready to defend them in court.
“What is even more frustrating is that the property owners are still asked to pay rates and taxes while their property is being occupied by other people,” AfriForum states.
The society says that property owners’ rights are protected under the constitution, specifically Section 25.
“This section provides that no person may arbitrarily be deprived of their property and no law may permit such deprivation.
“Therefore, any form of home invasion or hijacking constitutes a form of arbitrary deprivation as envisaged and prohibited by Section 25.
“Section 3 of the PIE Act (The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, No 19 of 1998) does prohibit the solicitation of money in respect of unlawful occupations, but the enforcement of this provision still requires the property owner to approach a court and enforce this provision.
“It is important to note that any cost, including that of contracting private security to assist with the eviction, will be borne by the owner of the property.
“Although the court order can provide that the occupiers evicted will also be responsible for the cost thereof, action against the occupiers for reimbursement of the said cost is seldom successful.”
AfriForum adds that many preventative measures can be taken by property owners to avoid finding themselves in this position.
These mainly centre around guarding your property and making it as difficult as possible to gain access into it.
- Have sound walls or fences around your property.
- Invasions usually occur when residents are on an extended holiday; it may therefore be wise to keep good relations with neighbours and ask them to check in on your property while you are away.
- Consider contracting the services of a house sitter to occupy the property until you return from holiday.
If property owners become victims of home invasions or hijackings, AfriForum suggests they act as swiftly as possible – not merely to contact the police for help but to drive down to their nearest police station for help if required.
- Be sure to make notes of all police officials interacted with by taking down their name, rank and number.
- If an official refuse to assist with opening a docket, ask for the officer on duty. If the officer also declines, escalate the matter to the station commander.
- If the station commander also neglects to help, your next course of action will be to approach a competent lawyer to urgently seek legal recourse by obtaining the necessary eviction order to instruct and authorise both the sheriff and local police to evict any unlawful occupiers from the property.
AfriForum says prevention is better than cure and being informed and aware will spare property owners financial and emotional distress.
The society invites anyone affected by a home invasion or hijacking to contact their offices for further assistance and referral to attorneys who will be able to assist.
