Urgent Recommendation for Amendment to Alert Level 3 Regulation 36

The preservation of life and the prioritisation of a preventative response under the continued state of lockdown necessitates that the home continues to be the primary defence against COVID-19 for all in our country. [...] And so, while we acknowledge the reality of these competing interests, we are concerned that the considerations underpinning the rationale are imbalanced and pose a risk of being abused to the detriment of many facing the double threat of income insecurity and resultant tenure insecurity. [...] While we underscore the need for the regulations to be amended to reflect a full moratorium on the institution and hearing of eviction proceedings, as well as the execution of eviction orders and all demolitions of homes for the entire duration of Alert Level 3, we remain cognisant of the fact that without an effective law enforcement mechanism, the rule of law during this state of disaster will c. [...] Prohibition on evictions and demolitions of homes (1) For the duration of the National State of Disaster: (a) No person may have their home demolished or be evicted or otherwise removed from their place of residence, including in terms of the Extension of Security of Tenure Act 62 of 1997 or the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998, or whether by way o. [...] We recommend that the state considers and adopts the principles outlined in both the UN COVID-19 Guidance Notes on the prohibition of evictions and protecting renters and mortgage payers as a balanced response to evictions during Alert Level 3, and throughout the National State of Disaster.