2.1.2 To this end as from August 2016, the Ministry informed members of
the public through the print and electronic media to vacate state land
that they had illegally settled on.
2.1.3 This notice of eviction was not followed through to allow the illegal
settlers sufficient time to relocate so the verbal notices were therefore
simply to reiterate the already stated position.
2.1.4 That alternative land is not provided for people who would have
illegally settled themselves since it would set a wrong precedent for
people to unlawfully settle themselves in the hope of getting
alternative land.
2.1.5 That legally settled people who were affected by other circumstances
were the ones who had alternative land provided for them.
HUMAN RIGHTS INVOLVED
3. The following human rights were allegedly violated:
3.1 The right to shelter and adequate housing – Section 28
3.2 The right to administrative justice – Section 68
3.3 Freedom from arbitrary eviction – Section 74
ANALYSIS OF THE COMPLAINT
4. Whether or not freedom from arbitrary eviction was violated
4.1 Section 74 of the Constitution provides that: ‘No person may be evicted
from their home or have their home demolished without an order of court
made after considering all the relevant circumstances.’ In the present case,
complainants confirmed that seven days’ notice had been given verbally.
Since there was no court order for their eviction, complainants’ freedom
from arbitrary eviction was violated.
4.2 The Committee on Economic, Social and Cultural Rights, General
Comment No. 7 (1997) on the right to adequate housing: forced evictions:
states that Forced eviction is “the permanent or temporary removal against
their will of individuals, families and/or communities from the homes and/or
Page 4 of 6