Julius Malema of the EFF made some threats with regards to land “grabs” on the 6th of April 2017. (see http://www.huffingtonpost.co.za/2017/03/07/afriforum-stops-julius-malema-from-seizing-land/)
In this regard, it is very important to remember, irrespective of any form of illegal land invasion or “grab” attempt that may occur and irrespective of any scenario you might find yourself in, that you are and remain a rightful owner of any property registered in your name. Over and above the latter, you therefore enjoy the protection any other property owner enjoy. You may therefore make use of any remedy provided to you by the Criminal Procedure Act, as well as remedies provided by the Property Law and Common Law.
You may therefore do the following if you find yourself in a situation where an illegal Land Invasion Occur:
- You may protect your property, movable or immovable against intruders, persons who wish to cause damage to your property, robbers as well as thief’s as long as you act in accordance with the rules of self-defence vested in the Criminal Procedure Act 51 of 1977.
- You may arrest any person whom commits a Schedule 1 offence in your presence in accordance with Section 42 of the Criminal Procedure Act 51 of 1977. It is important to take notice that Theft, Robbery, Malicious Damage to Property as well as Breaking or Entering of any premises are classified as Schedule 1 Offences and therefore you can make a private arrest if one of these crimes are committed in your presence
- You can approach an Urgent Court for relief in the form of an Interdict (preventative form of relief prior to any occurrence of an illegal land invasion). Alternatively to the latter a Spoliation Application may be launched which serves as a form of mandamus in order to command the relief of release or vacate of a property, after an illegal Land invasion occurred.
- You can furthermore claim compensation for damages which was caused during such an event.
For any further queries regarding the above, or to schedule a consultation contact us:
SD NEL 082 3038 303