Unlawful Occupiers, Eviction and the National State of Disaster
Considering South Africa's Emergency Legislation and Jurisprudence During Covid-19
Bibliographic Data
| ID | 16767571 |
|---|---|
| Authors | Felix Dube (0000-0002-6490-4629, North-West University, corresponding author), Anél Du Plessis (0000-0002-4370-8661, North-West University, corresponding author) |
| Year | 2021 |
| Volume | 65 |
| Issue | S2 |
| Pages | 333-346 |
| Publication date | 2021-12-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of African Law (JOURNAL) |
| Journal identifiers | ISSN: 0221-8553 • E-ISSN: 1464-3731 |
| Publisher | Cambridge University Press (PUBLISHER • US) |
| DOI | 10.1017/s0021855321000401 |
| OpenAlex | W4200010668 |
| Language | EN |
| Citations received | 1 |
| References cited | 1 |
This article analyses how emergency regulations protected persons living in urban poverty, particularly unlawful occupiers, from eviction during the COVID-19 pandemic in South Africa. It is set against the socio-economic and environmental effects of unlawful occupiers being forced onto the streets through evictions. It examines the judicial interpretation and application of the COVID-19 regulations on the prohibition of the eviction of unlawful occupiers, together with remedies for compensation for demolished dwellings. Ultimately, the article shows that the regulatory and judicial responses to the pandemic were pro-poor and sought to protect human dignity, the right to life, and the right to an environment that is not detrimental to human health and well-being. The responses safeguarded access to housing at a time when many vulnerable people could have been rendered homeless by eviction and the demolition of their dwellings
Business · Civil engineering · Demolition · Dignity · Eviction · Jurisprudence · Legislation · Political science · State (computer science) · Engineering · Human Rights and Development · Law · Law in Society and Culture · Legal Issues in South Africa
| Citations per year | 0.2 |
|---|---|
| Citation span | 2021 - 2021 (1) |
| Highly cited | No |