By Ndaba Dlamini
JOBURGERS have been urged to report any illegal occupation of land to the authorities in an attempt by the City's legal, housing and metropolitan police departments to put an end to the invasion of private or public open land and property.
Nthatisi Modingoane, Johannesburg's spokesperson, says the City is calling on residents and City officials to work together to stop the illegal occupation of land.
"In accordance with national and provincial legislation, taking occupancy of any private property is illegal. Occupation of public land or property without going through the relevant legal procedures will also constitute an illegal act and offenders are liable for prosecution."
According to the manual Termination and Prevention of Illegal Land Invasions, which has been approved by the Joint Operations Committee on by-law enforcement, "whenever anybody (irrespective of whether that person is an official, a peace officer or member of the public) observes an illegal land invasion", that person is urged immediately to phone the emergency call centre on 011 375 5911.
"The caller must report the details of the land invasion for authorities to take the necessary action. These details include the details of the caller's name, location where he/she is calling from, contact telephone number, number of shacks involved and identification of land where invasion is occurring. The person must remember to obtain a reference number," reads the manual.
Modingoane says the manual seeks to guide the council and members of the public to be pro-active about land invasion.
Illegal occupation of land takes place "when one or more persons erect any structure, hut, shack, tent or any other form of temporary or permanent shelter on another person's land without consent or permission of that person". This can happen on any vacant land adjacent to or near an existing settlement or on land within an existing settlement, according to the manual.
"People tend to see any vacant land and think they can set up homes, and illegal occupation of land can occur anywhere where there is vacant land or property. But it is also important that private property owners secure their properties against any invasion," Modingoane says.
In terms of the law, there is a timeframe before certain action can be taken against land invasion on council land, he says. "If land has been illegally occupied for less than six months, the City will evict in terms of council by-laws. If land has been illegally occupied for more than six months, this presents problems because the council has to go through lengthy and costly procedures to evict the occupiers through a court order."
As a preventative measure against illegal land invasion, the council established the Rapid Response Unit within the metro police to patrol places that might be vulnerable to land invasion, Modingoane concludes.
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