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| Title: | No more forced removals? An historical analysis of the Prevention of Illegal Squatting Act |
| Author: | O'Regan, Catherine |
| Year: | 1989 |
| Periodical: | South African Journal on Human Rights |
| Volume: | 5 |
| Issue: | 3 |
| Pages: | 361-394 |
| Language: | English |
| Geographic term: | South Africa |
| Subjects: | segregation squatters informal settlements |
| External link: | https://doi.org/10.1080/02587203.1989.11827783 |
| Abstract: | An examination of the history of anti-squatting legislation in South Africa indicates a division between legislation which has sought to restrict rural squatting and that which has sought to control urban squatting. Originally, the Prevention of Illegal Squatting Act (1951) was introduced to control squatters in the urban areas. In 1988 amendments introduced new provisions to control rural squatters. Understanding the implications of the amendments requires an understanding of the history of the Act to date and its relationship to State policy. Therefore, this article first contains a discussion of the history of legislation aimed at restricting rural and urban squatting in the light of State policies on urbanization and rural land tenure: the Development Trust and Land Act (1936); the Prevention of Illegal Squatting Act (1951), amended in 1976, 1977 and 1988; the Riekert Commission (1977); and the new strategy of 'orderly urbanization' of the early 1980s. Then it analyses the provisions of the Prevention of Illegal Squatting Act as now amended. These provisions can be divided into three: the powers given to remove squatters; the summary powers of demolition given to landowners and local authorities; and the powers to establish 'approved' informal settlement areas. Notes, ref. |
