The SA Human Rights Commission (SAHRC) has condemned planned evictions by Gauteng premier Panyaza Lesufi.
Last week, Lesufi warned of evictions and dismantling of informal settlements in the province, citing government efforts to curb land invasions and enforce housing regulations.
The commission described Lesufi's plans as “inhumane, degrading and dangerous”.
“It is likely to expose families to criminality, trauma and displacement and erodes the foundations of our constitutional democracy,” the commission said.
“The commission is concerned that children might be torn from their homes, [about] older people losing access to care and people with disabilities being left without support or shelter. These acts are not administrative oversights; they are systemic failures that disproportionately harm the poor, the marginalised and the voiceless.
“The constitution places human dignity, equality and the right to adequate housing at the heart of our legal order. Section 26(3) explicitly prohibits evictions without a court order made after considering all relevant circumstances. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act operationalises this protection, requiring judicial oversight, meaningful engagement and safeguards for vulnerable groups. These are not optional guidelines; they are binding legal obligations.”
It cautioned the state, municipalities and law enforcement to exercise the law and protect the rights of the vulnerable when conducting evictions.
“Eviction must never be a pathway to destitution. It must never be used as a tool of exclusion or punishment. It must be governed by compassion, legality and justice. The SAHRC stands with affected communities and reaffirms its commitment to protecting the rights of all people in SA, especially those whose voices are too often ignored.”
The commission said it would seek engagements with co-operative governance and traditional affairs minister Velenkosini Hlabisa and human settlements minister Thembi Simelane as well as the South African Local Government Association and Private Security Industry Regulatory Authority to discuss these issues.
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