Another Form of Group Areas Act in a Democratic South Africa – Complex Homeowners Dilemma

Abstract

South Africa comes from a bitter period of apartheid where human rights of property ownership were violated through racially biased legislation called ‘The Group Areas Act’ of 1950 as amended. The act imposed control, based on race, property ownership and occupation in SA (Frog, 2002). The democratic government repealed the Act in 1994, but class discriminations continue. The promulgation of property rights in section 25 of the Constitution Act, of 1996, guaranteed human rights, but these rights are hard to enforce without monitoring structures. Municipalities are mandated to deliver essential services under the Public Protector’s watchful eye but are exonerated in Sectional Title Properties administered by bodies corporate and trustees (Bc&Tru). Managing sectional title properties presents multifaceted challenges, as competing interests of several stakeholders (i.e. Bc&Tru, owners and tenants, popular with the elderly and university students) must be reconciled (Whiteoak and Guilding,2009). This paper examines the homeowners’ dilemma, when moot bills and penalties result in water and electricity disconnections affecting dwellers lives. Potential abuse of power as well as conflict of interest by Bc&Tru is noted. The paper aims to highlight the need for an Ombudsman to regulate Bc&Tru to enforce accountability and protect rights as granted by the Constitution as the property rights of vulnerable people such as the elderly and tertiary students are violated. Qualitative method was used, through snowball sampling technique to access interviewees. Data also includes a summary of six complainants on “Hello Peter” an online service that refers allegations to perpetrators to defend their stance. Results: An unlegislated ‘Group Areas Act’ is back to haunt a democratic society, but this time based on class and wealth, not race. Sectional title homeowners loose their right to basis services and ultimately the value of thier homes. Water and electricity disconnection renders properties uninhabitable despite settlement of such services, a disguised dispossession. DOI: 10.5901/mjss.2014.v5n23p76