By Tanveer Jeewa
Tanveer Jeewa is a candidate for a Masters in Public Law studying at the University of Cape Town (UCT). She was recently selected as a Youth Ambassador at the United Nations where she represented South Africa and Mauritius. There she won the Social Venture Challenge and is now a Resolution Project Fellow. She has recently established an NGO known as RefRights. Her team and herself are working on a software application to facilitate assistance to legal aid for refugees in South Africa. She is also a volunteer at the UCT Refugee Rights Clinic. She is interested in specializing in Human Rights law but is open to learning and exploring different avenues as they come.
‘The land is the only thing in the world worth working for, worth fighting for, worth dying for, because it’s the only thing that lasts.’ – Gerald O’Hara, Gone with the Wind
Land rights and evictions have, for decades, been used as a means to divide communities. Looking at the cases of Brazil, India, and South Africa where land rights have been used to discriminate on the basis of socio-economic conditions, class, and race, this blog post analyses the legal means through which segregation was achieved and the effects of historical discrimination in land ownership on vulnerable communities today. Land rights and evictions are powerful tools which have been used to promote different agendas, such as overpowering minorities and oppressed populations. Land rights and evictions are also tools which can be disguised as ‘development’. To illustrate the complicated nature of land rights and evictions, this post will firstly look at the legal background of land rights control and eviction in apartheid and post-apartheid South Africa. The situation in India is then considered with regards to land rights per caste. Finally, Brazilian favelas are used as an example of failed land rights of the non-wealthy population.
Evictions in South Africa
Section 26 of the Constitution of South Africa concerns the right to housing, while section 26(3) is most applicable to this essay. Section 26(3) is as follows:
No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.
This is normally the point of departure for South African courts when these preside over eviction matters. Case law has lengthily qualified this law, and requirements such as meaningful engagement and alternative housing have been said to impose a positive duty on the state. However, as case law indicates, eviction remains a prevalent issue in South Africa. During apartheid, eviction and restriction of land rights were the most used methods to dehumanise communities of colour. Continue reading