Category: Information

Update on the Deceased Estates Online Portal: Challenges persist

On the 10th of October 2023, Justice and Correctional Services Minister, Ronald Lamola, launched the Master’s Office Deceased Estate Online Registration System. According to Lamola, it was a milestone for how the Masters’ office renders services to the public, making the process more efficient and accessible. To quote the Minister; “This system will be a catalyst to changing this environment…. modernising it, digitising it, and making it accessible to members of the public and also all the professional bodies that operate in the space of the Master’s [office] services,” 1.

In a previous blog post in October 2023, we shared our initial thoughts on the newly launched Online Registration System. We highlighted its potential to transform estate management in South Africa, and its aim to streamline processes and reduce the long waiting times that are typically associated with the winding up of estates. However, our ongoing experience with the system has been somewhat disheartening.

In the seven months since inception, we have reported a total of 25 estates through the online platform. Of the estates reported,  12 have been processed through the system and registered, but we have only received seven Letters of Authority. A further nine estates are stuck in the process without any obvious progress and we are engaging with the Master on outstanding queries on the last four cases. The processing time has far exceeded the mandated 21 days, stretching into weeks and even months, which is a serious concern for the clients that we are trying to assist. In short, the online system is no quicker than reporting a deceased estate manually.

The issues extend beyond slow processing times. We have encountered numerous technical problems that have made using the platform a challenge and which collectively contribute to a frustrating user experience that undermines the efficiency that the system is trying to enhance. This includes:

  • Link failures: crucial links to the Department of Home Affairs and CIPC are frequently non-functional. When these links do not work, users cannot report estates through the portal.
  • Error messages: There are often validation failure messages, but the system does not indicate where the failure is or why it has arisen, making it difficult to rectify .

The Masters Office has also launched a new QR code enhanced Letter of Authority which is supposed to be emailed to the appointee, thereby reducing processing times and the fraudulent administration of estates. However, this is still not working as it should. Of the 12 estates that have been registered, we have received seven Letters of Authority with a QR code. We have not received the other five.

It is encouraging that the Law Society of South Africa is engaging with the Portfolio Committee on Justice and Correctional Services to address the concerns of the legal profession about the issues at the Masters Offices. The LSSA has made practical suggestions to clear the backlogs and improve efficiencies. The response of the Acting Chief Master has also been encouraging. They have reduced the target to issue Letters of Authority form 21 working days to 15. This is a laudable objective. However, it is far from being achieved. It took the Masters Office a staggering 100 days on average to issue the seven Letters of Authority we have received to date. It is hard to believe that the target the Masters Office has now set itself is in any way achievable.

Overall, our experience with the online registration system has not been a positive one, so much so that we are contemplating a return to manual reporting methods. Despite their own inefficiencies at least they provide a level of reliability and predictability that the online system currently lacks.

Figures: Screenshots of the Deceased Estate Online Registration System showing cases registered all the way back in November for which there has been no progress to date

1 https://www.sanews.gov.za/south-africa/new-online-service-milestone-justice-department

Where there’s a will, there’s a way – Why having a will is so important for property owners

According to  the Master’s Office, 70% of South African’s do not have a will1. What is a will, and why does it matter?

A will is a legal document that specifies what happens to your property when you pass away.  

If you die without a will, the law will decide who inherits your house. It makes no difference what you would have wanted to happen with your property. The absence of clear legal documentation outlining your wishes can lead to your family not receiving the care or financial support that you intended, possibly depriving them of necessary resources or guardianship arrangements. For example, if you have remarried and did not leave a will, your new partner will inherit the property and your children from your previous marriage may be left with nothing.

In addition, if you pass away without leaving a will and your family situation is complicated with lots of heirs standing to inherit, it means a much longer and more expensive process for your family to transfer the property into the names of the heirs.

If your partner dies without a will, you could face significant challenges especially if you are in a customary or common-law marriage that lacks official recognition. Without legal proof of your relationship or a will from your partner, you might find yourself excluded from inheriting the property if it was registered in his or her name. This could result in your property being transferred to your spouse’s children or other relatives, leaving you without a home, despite your long-term relationship.

Having a will can prevent the wrong family members getting your house after you pass away. Maybe you fear they won’t let other family members live there. You can write in your will that some family members cannot inherit your house. For example, if you are concerned that one of your children’s spouses might take the house and stop your other children from living there, you can write in your will that your child’s spouse cannot get the house. This ensures that the interests of your other children are protected.

Your will can also ensure harmony and peace between your loved ones after you pass away. For instance, you can state in your will that certain family members can live in your house for as long as they are alive. This not only secures their future but also ensures that your property continues to be treated exactly as you envisioned.

Having a will can also save your family time and money.

A will is more than a legal formality, it is a way to ensure peace of mind for both you and your loved ones. By securing a will, you are taking a responsible step towards protecting your legacy and ensuring your family’s future is shaped by your wishes not by legal frameworks. Don’t make your family fight it out after your death. Sign a will and know that your loved ones will inherit as you want them to.

At the TSC, we offer a service for drafting your will at no charge. If you are interested, please connect with us on Whatsapp or give us a call on 065 041 6832 for more information. Your peace of mind is just a conversation away.

1 https://www.businesslive.co.za/bd/companies/financial-services/2021-09-15-podcast-70-of-south-africans-do-not-have-a-will-and-stand-to-lose-a-lot-as-a-result/ 

6 ways that we help clients resolve title deed issues

It can be stressful and confusing to resolve a problem with your property’s title deed. Our team at the TSC is here to guide you through each step of the process, ensuring your property rights are secure and your title deed accurately reflects your ownership.

We can assist with many different kinds of problems:

1. Is there a mistake in your title deed?

Maybe you have noticed that your name is spelt incorrectly or your ID number has been incorrectly recorded? Maybe you are married but the title deed shows you as unmarried? The TSC can assist with the necessary application to the Deeds Office to have these kinds of mistakes corrected ensuring that your title deed accurately records your ownership of the property.

2. Are you divorced but your ex-spouse is refusing to co-operate in transferring the property into your name?

Did you know that you don’t need the co-operation of your ex-spouse to transfer property into your name in terms of a divorce order? The TSC can help you with the correct application to the Deeds Office for an endorsement of the property into your name as stated on the divorce order.

3. Has a family member passed away and you don’t know how to transfer the deceased’s property into your name?

Navigating the processes at the Masters Office can be confusing and time consuming. The TSC offers comprehensive services in reporting deceased estates, including obtaining Letters of Authority and then transferring the deceased’s property into the names of the legal heirs. We do it all, so you don’t have to.

4. Have you bought a property informally through your street committee or by informal agreement with a seller?

The TSC can help you to regularise your informal arrangement with a formal registration in the Deeds Office. This secures your rights as an owner of the property and ensures that the seller cannot change his/her mind. You are not the owner until your name is on the title deed so the sooner you formalise, the better.

5. Have you lost your original title deed or has it been destroyed/damaged?

If so, you will need to apply to the Deeds Office to get a new original title deed. A copy of the title deed is not good enough. The TSC can assist you with this application.

6. Have you been waiting for many years to get your title deed from the government?

The TSC, through its contacts at municipalities and provincial government, will attempt to find out the reasons for the delay on your particular title deed. We can apply for a subsidy for you if your subsidy is not yet approved (provided you qualify), help with the signing of documents needed to transfer the property into your name and liaise with the government appointed conveyancers to ensure that your title deed is not forgotten.

Do you have one of these problems, or any other problem with your title deed? If so, contact us today on our Whatsapp number to take the first step towards resolving your problem: 065 041 6832

Understanding Title Deeds, your questions answered

A Title Deed is the most important document when it comes to owning a property. The Tenure Support Centre helps individuals resolve their title deed challenges, which can be daunting if one does not know where to find help.  

To better understand why it is vitally important to seek assistance, please read through these frequently asked questions below or head to our FAQ page.  

What is a title deed?

  • A legal document that indicates who the registered owner of a property is. 
  • This includes the full names and ID number of the owner or owners, address of the property, marital status, etc. 
  • The record is kept in the Deeds Office. 
  • You always need the original title deed.

How can you tell if a title deed is an original?

  • An original title deed will have the signature of the Registrar of Deeds on the last page. 
  • Only an original document will have an embossed deeds office stamp – if you touch the paper you will feel the surface is slightly raised over the stamp. 
  • It will also have an original date stamp indicating the date on which the transfer was registered in the deeds office. 

Why is it important to keep your title deed safe?

  • You need the original title deed to do anything with the property, for example, if you want to sell the property. 
  • If you lose your original title deed or it gets lost or damaged, you can apply for what is called a VA Copy. 
  • This is different to just getting a print-out of the title deed at the Deeds Office. 
  • You will need a lawyer to help you with this. 
  • There are costs involved. 

What happens if my details on the title deed are incorrect?

  • If your name, ID number or marital status on your title deed are incorrect, this can only be corrected by registration in the Deeds Office by a conveyancer. 
  • You will need to provide various documents (some of which you might need to get from Home Affairs) and sign paperwork to correct the errors. 
  • It is best to correct title deed mistakes as soon as you become aware of them as it can be difficult for your heirs to do so after your death or after a divorce where your ex husband/wife refuses to cooperate. 
  • There are costs involved in rectifying title deed errors but these are fairly minimal.  
  • Get in contact with our client administrator who will guide you through the correction process. 

What are the risks of buying a house and not getting the title deed transferred into your name?

  • Without transfer, you will not have legal ownership of the property. 
  • You may face difficulties in selling or passing the property onto your heirs. 
  • Protect your asset by ensuring proper transfer of the title deed. 

I bought a house and the seller gave me the title deed but my name is not on it, what do I do?

  • A title deed can only be changed through the Deeds Office, and you will need the assistance of a lawyer to do this. 
  • You will need to contact the seller and tell them that you want to change the title deed into your name. 
  • If the seller is deceased, you need to speak to their family and see if they will assist you. 
  • They will need to sign some documents during the process. 

Before buying a house, what should I check?

  • The sellers identity (ask to see a copy of their ID) and ensure they are the registered owner on the title deed
  • If the registered owner is deceased. Ask to see the Letters of Authority issued by the Masters Office and only transact with the properly appointed person on those Letters
  • If there is an outstanding balance owing on the municipal account. Ask the seller to show you a latest municipal account so that you can check
  • If there are any buildings on the property which encroach across boundary lines onto another owner’s property or onto roads or open spaces
  • If the seller has the ORIGINAL title deed. If not, the seller will need to pay the costs of obtaining a new original

What is a municipal rates account?

  • An account sent by the local municipality to property owners for services such as water, sewerage and refuse removal
  • It also includes property rates based on the value of the properties. Low value properties do not pay rates.

Applying for indigent rates relief

  • If you are struggling to pay your municipal account, you may qualify for a rebate on your property rate.
  • This rebate gives you 15 000 litres of free water and 10 500 litres of sewage free every month, as well as free refuse collection and a rebate on rates
  • You may qualify if your monthly household income is R7 500 or less and/or if you are a pensioner or a social grant recipient

The importance of paying

  • As a property owner you are responsible for paying your municipal account
  • If you want to sell your house you will need to have settled any outstanding municipal accounts

I lost my original title deed - what should I do?

  • Firstly, don’t panic. There are steps in place to resolve this issue
  • It is important you replace the title deed with a replacement original. A copy of the title deed is not enough
  • You will need the original title deed to sell your property, if you get married or divorced, or if one of the property owners passes away 
  • Only a conveyancer can apply for a replacement title deed from the deeds office 
  • The conveyancer will charge for advertising costs and deeds office fees of around R1800 
  • Contact our client administrator who will help you through the process and advise you what documents are required

Need help? 

Please WhatsApp the TSC on +27 (65) 041 6832 and we shall assist you.

Supporting Seniors Together: a collaboration with iKamva Labantu

On the 11th and 12th of October, the Tenure Support Centre (TSC) collaborated with iKamva Labantu’s Senior Clubs to hold title deed clinics in Gugulethu and Khayelitsha. We set up ‘pop-up’ offices at iKamva’s centres to address the title deed issues of their elderly members who ordinarily struggle to visit our walk-in support office in Khayelitsha.

The three most common issues addressed during the clinics included the transfer of properties from deceased estates, rectifying title deed errors, and drafting Wills.

The clinics were a success and over the two days we welcomed and assisted around 30 new clients. This event marks the second series of clinics held with iKamva Labantu this year, reaffirming the close partnership we have established between the two projects since the inception of the TSC in 2018.

Together, we aim to work timelessly to empower and uplift communities, driving positive transformation. iKamva Labantu’s commitment to ensuring every member of our community can live with dignity and security aligns with the TSC’s mission to empower individuals through resolving their title deed-related issues.

FNB and Khayelitsha-based housing support office partner to help township homeowners resolve title deed problems

Many lower-income homeowners in South Africa have problems with their title deed. Government’s extensive primary transfer backlog, coupled with an inaccessible and expensive formal property transfer system, have resulted in millions of South Africans owning homes for which they don’t possess clear legal title.  This undermines their security of tenure and compromises their ability to pass these homes on to their heirs, increasing the risk of conflict and disputes. Properties without clean, undisputed title, cannot be mortgaged either by buyers who need finance to afford the property or by homeowners who wish to build or improve their properties. This limits the economic potential of these property assets. Moreover, disputes over property ownership are common, creating uncertainty and instability in vulnerable neighbourhoods.

This is the challenge the Khayelitsha-based Tenure Support Centre (TSC) aims to resolve. The TSC is a housing support office which provides hands-on assistance to individuals with title deed problems. It opened its doors in mid-2018 and, with the support of FNB, now operates its walk-in support office from the FNB branch in Khayelitsha Mall.

“FNB has provided us with a professional, safe space to operate from and an easily accessible point of contact for our clients to seek assistance. Operating from a bank branch also reinforces our message to clients that their homes and properties are important financial assets. Sorting out any title deed issues is the first step in maximising the value of that asset”, says Lisa Hutsebaut, the TSC’s conveyancer

The TSC deals with a range of title deed issues, the most common being the transfer of properties from deceased owners to rightful heirs, regularising informal or off-register sales, and assisting clients who have never received their title deeds from the Government.

The TSC, which started out as a pilot, action-research initiative in 2018, has grown into a more permanent housing support office serving clients in Khayelitsha but also surrounding areas. It initially operated out of a community centre which was vandalised during COVID. The team tested a remote working model, but there was a clear need for a trusted, physical space for clients to deliver and sign the necessary legal paperwork.  “The face-to-face interaction with clients is also critical to building trust in the process. FNB really stepped in for us when we found ourselves at a crossroads, without a space to operate from and unsure if the project could continue,” says Illana Melzer from 71point4 Consulting, co-founder of the TSC project.

“We’re excited about the potential to replicate this model in our other branches and extend access to this critical service to more homeowners across the country. We are well aware that the title deed crisis in South Africa materially constrains wealth accumulation and economic development in so many low-income neighbourhoods. It also slows the growth of our future market for mortgages.” says Mfundo Mabaso, Growth Head at FNB.

To date the TSC has interacted with over 1 000 walk-in-clients, successfully resolving title deed problems for over 300 of these clients. At the same time as responding to individual walk-in client cases, the TSC runs projects to address underlying structural problems in the market. An example of this includes a large-scale enumeration and subsidy beneficiary validation project conducted with the City of Cape Town in 2019 involving 780 properties in Makhaza, Khayelitsha where title deeds had not yet been issued by Government. Almost 500 of these properties have now been formally transferred from Government to the rightful owners.

The TSC is currently a joint initiative of 71point4 Consulting and the Centre for Affordable Housing Finance in Africa, with funding provided by Oppenheimer Generations and the First Rand Empowerment Foundation Trust.

To find out more about the TSC project, visit: https://titledeed.org.za/ or follow the TSC on Linkedin, Facebook or Instagram.

For help with a title deed issue, clients can contact the TSC on Whatsapp (065 041 6832) or email (sona.nongqayi@titledeed.org.za).

The TSC currently serves clients with properties based in Cape Town but clients based elsewhere are welcome to contact the team who will do their best to try and assist.

Any questions related to the TSC project can be directed to:

  • Illana Melzer –  illana@71point4.com
  • Kecia Rust – kecia@housingfinanceafrica.org

A Glimmer of Hope: The Deceased Estates Process goes digital

At the Tenure Support Centre (TSC), we understand the challenges that individuals face when it comes to dealing with title deed problems. One of the most prevalent issues we encounter is transferring properties from deceased owners to successors in title. The Master’s office plays a crucial role in this process, but it has been plagued by inefficiencies, a lack of transparency, and frustratingly long turnaround times. However, there’s a glimmer of hope on the horizon.

On the 10th of October 2023, Justice Minister, Ronald Lamola, launched the Master’s Office Deceased Estate Online Registration System, a development that promises to change the landscape of estate management in South Africa. This digital system aims to make the process more efficient and accessible, a much-needed change from the current slow and manual processes. 

We tracked the elapsed time on 64 document requests submitted by the TSC to the Masters Office since June 2021. These are primarily requests for Letters of Authority and Next-of-Kin affidavits, two crucial documents required to wind up estates. The results are rather disheartening. To date, we have received 25% of the documents requested, with an average elapsed time of 7 to 8 months. More shockingly, 23% of these document requests have been outstanding for more than a year.

A Streamlined Solution: The Deceased Estates Online Registration System

Losing a loved one is devastating. On top of this, the arduous process of winding up the estate has been a further hardship that families have had to endure. The new online estate reporting system launched by the Department of Justice attempts to address this. Masters Office Chief Director Advocate Kanyane Mathibe emphasized the system’s objective in an interview on Newzroom Afrika[1]: “The system is aimed to reduce some of the challenges that we’ve experienced in the Masters Office and that clients have experienced as well”. She pointed out that grieving family members have typically had to visit the Master’s Office in person within 14 days of a loved one’s passing to report an estate with the Master of High Court. The new system eliminates this and allows clients or their representatives to report estates and request documents digitally.

Clients will be able to access the system from anywhere, receiving notifications via SMS and documents by email, reducing the time required to report an estate and eliminating costs required to travel to the Masters Office. According to Advocate Kanyane Mathibe, the current manual process means that clients can generate a letter of executorship or authority within 21 working days. In reality this is seldom achieved, with clients often waiting months for these documents to be issued.  The Masters Office says that with the online system this time frame will be reduced to as little as two days.

The Master’s Office is also taking steps to ensure that elderly individuals, those without access to devices or those who are less tech-savvy and prefer face-to-face interaction are accommodated. Both self-service kiosks and staff-assisted kiosks are being set up to provide support to those who may need it. Initially the system will process requests submitted via the digital platform in Johannesburg, Durban, Cape Town and Pretoria and will gradually expand to other regions. Users can register on the platform.

A further benefit of the system is that appointments can now be booked online with estate controllers and assistant Masters at the Masters Office. This should unblock deceased estates that get stuck in the system.

While this new online system is a very promising development, our initial testing of the system has been less than encouraging. System glitches have hindered our ability to register on the system and the Department of Home Affairs server has been out of action for much of the first week of the online system going live. Of course, glitches are not uncommon and often plague new system launches. We hope these bugs are resolved speedily and that the system soon performs as envisaged.

[1] https://www.youtube.com/watch?v=aDRYd-LZ-d4

EVENT: Lessons from the TSC – 5 years on

The Tenure Support Centre (formerly known as the Transaction Support Centre) has been assisting lower-income individuals resolve their title deed problems for over five years. Since its establishment in 2018 the TSC has assisted over 1700 clients and secured over 600 title deeds. It has become a trusted service provider for households who have problems with their title deeds and serves as a key referral point for government departments.

The TSC invites you to a presentation of the highlights and lowlights of the past five years. Using a combination of case studies and area-based analysis, the team will share our understanding of the nature, scale and ramifications of the title deed challenge across urban South Africa and the solutions required to solve it at scale.

This event is open to all with a keen interest in household wellbeing and wealth building, financial inclusion, township development and the viability of South African cities. Join us if you are a township property owner, employer, housing market practitioner, developer, real-estate professional, proptech expert, financier, conveyancer, policy maker, official, analyst, academic, journalist or just a regular person interested in the issue.

 Event details

Tuesday, 29 August 2023

Workshop17 Watershed, Waterfront, Cape Town

3:30pm for 4pm start followed by drinks, snacks and networking

A link will be made available to anyone who cannot attend in-person

RSVP


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Unpacking property transfer costs

Costs of transfer (payable by the purchaser or new owner) on a R220 000 property include the costs of conveyancing of R8 440 (as per recommended guidelines published by the Law Society of South Africa) plus disbursements. 

For most of the TSC’s clients, our conveyancing partner, STBB, provides professional services on a pro bono basis. But most clients need to pay direct disbursements. On a regular transfer on a R220 000 property these disbursements typically include:

      • Rates clearance certificate: R630 (including VAT)
      • Deeds Office fees: R642 (not VAT payable)
      • Deeds search: R71.91 (including VAT)

Together these costs amount to R1 343.91 – an amount which the TSC passes on to clients. In many cases, clients struggle to come up with this amount. We are therefore trying to reduce these costs as much as possible.

Rates clearance certificates

According to the City of Cape Town’s Tariffs, fees and charges book, the City charges R99.80 for an electronic rates clearance certificate (including VAT). Thus the bulk of the cost for rates clearance certificates charged by conveyancers actually goes to service providers. They have negotiated access to municipal rates clearance systems and enable conveyancers to request and receive digital access to rates clearance certificates.

There is a low-cost property option for rates clearance certificates which may well result in vastly reduced rates clearance costs, but it is not clear that the process will work on secondary transfers. The TSC is in the process of testing the system. If it works, we hope other conveyancers will adopt the same solution and pass on savings to their clients.

Deeds Office fees

The other significant disbursement is the Deeds Office fee of R642. This fee is levied by the Deeds Office on all property transfers on a sliding scale based on the value of the property. In line with the Deeds Registries Act of 1937, the Department of Agriculture, Land Reform and Rural Development publishes a fee schedule each year in the Government Gazette increasing these fees on an annual basis.

In line with the latest publication (from 28 February 2023) the fee for properties valued at R100 000 or less is a very reasonable R45. For properties above R100 000 but at or below R200 000 the cost is R101. As soon as you go above R200 000 the fee increases significantly to R642.

There is no rationale provided for the steep cost increase at the R200 000 mark. 

When this matter was first highlighted to senior officials in the Deeds Office, they correctly pointed out that Deeds Office fees pale into insignificance in comparison with conveyancing fees. What the Deeds Office officials did not consider is that the vast majority of our clients qualify as pro bono clients and do not pay professional fees and that it is the combined disbursement cost that is really a stumbling block to transfer proceeding.

Small steps

Given the glacial pace of titling reform in South Africa, we are setting our sights low, focusing on small changes that can be implemented with minimal coordination or regulatory change. Top of our list are fees for rates clearance certificates and the Deeds Office fee. These fees add very little to the bottom line but make a huge difference to our clients. Perhaps with a bit of luck we can see some small change.

Housing Act charade

A 2001 amendment to the Housing Act saw the addition of Section 10, which makes it illegal for housing subsidy beneficiaries to sell their houses for a period of eight years.  Twenty years on, it is clear to everyone that the law has had no impact. The illegal sale of subsidy houses continues apace. In March this year, the Minister of Human Settlements noted on SAFM [1] that there are too many subsidy beneficiaries who are selling their houses to foreign nationals and moving back into shacks. The Minister noted that the Department cannot police the law and relies on whistle blowers in communities to come forward to report this kind of illegal activity.  The Minister also claimed that people are selling their houses for R20 000.

Perhaps the Minister needs to broaden her base of community informants. In our experience in Cape Town, RDP houses are being sold to decent families who are working hard, saving up and buying houses in good faith for R200 000, not R20 000. Beyond this, the sellers are not moving back into shacks, but are moving back to the Eastern Cape where they invest their funds in building houses. This should be a cause for celebration for the Minister.

Of course, one can understand why this might upset the Provincial MEC of Human Settlements in the Western Cape who might resent the outflow of money from his province to the Eastern Cape. His DA credentials might lead one to think he holds property rights as sacrosanct. Not so. Also in March this year, he went on a walking tour of Highbury Park Housing Project and issued a stern warning to people who have bought RDP houses [2]. No doubt that walk-around has been very effective and purchasers have followed his advice to report the sellers to the police and get their money back.

The stupidity of a law that prevents people from selling their houses is even more obvious in the context of the title deed backlog that exists in South Africa. According to the Department of Human Settlements, there are over 1.1 million title deeds that have yet to be issued to owners of RDP properties. These property owners have no option but to transact informally if they choose to transact. While some might call these transactions illegal, in reality, the bit that was well and truly illegal was the construction of the house to begin with. In some cases, there is no title deed because there is no registered plan, and there is no registered plan because subsidy houses were built in violation of SPLUMA and NEMA. If the private sector had built these houses they would have been demolished.

We can rant and rave as much as we like – about people selling their houses or the stupidity of laws that criminalise this. The reality is many thousands of decent people are living in houses that they paid hard earned cash to buy. They are not criminals. They are the people we should celebrate and support. They have invested in property, put down solid roots in the city and got on with their lives. They are not demanding a hand out from the government, or waiting for the State to give them a house.

It cannot be nice for them to hear the Minister calling for local informants to come forward to report them to the authorities or to see the MEC walking around issuing warnings. Clearly, this needs to stop. Government needs to take responsibility for creating an unenforceable law that is creating havoc in the lives of too many good people. At worst government should acknowledge the law as a bit of a blunder, turn a blind eye and let people get on with it. At best the law should be scrapped.

Author: Illana Melzer

References

[1] See Interview with Minister Mmaloko Kubayi by Stephen Grootes, Sunrise, SAFM, 15 March: https://omny.fm/shows/safm-sunrise-1/the-minister-of-human-settlements-says-that-she-s

[2] See Minister Simmers conducts impromptu visit at Highbury development 17 March 2022, available at: https://www.westerncape.gov.za/gc-news/71/5801