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Post by cjm on Jan 12, 2016 21:28:34 GMT
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Post by Trog on Jan 13, 2016 4:47:03 GMT
Are people allowed to squat in a World Heritage Site?
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Post by cjm on Jan 13, 2016 5:18:06 GMT
A very good point. :applaude:
Enforcement is probably the problem.
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Post by cjm on Jan 13, 2016 19:24:59 GMT
Are people allowed to squat in a World Heritage Site? On second thoughts, this is going to be more difficult than I thought. The easiest way to deal with squatters is to criminalize squatting. Now of course we have something called the crime of trespass but the authorities hardly ever prosecute that in a rural context. In fact, they laugh at you when you complain about people walking across your land. Furthermore, there is a myriad of laws protecting squatters. Even if you pass all the hurdles you have to convince the court that it is fair and equatable to remove someone from your land. I have never been able to work out how on earth it can ever be anything but fair and equitable to remove someone from your land who has no claim to it, to start off with. In short, I doubt whether the current set-up can be disentangled. The state will not criminalize or prosecute and from a civil law point of view you are fully entitled to have them removed if you have access to millions of Rands in your back-pocket. Just remember that they qualify for legal aid and even if you win, you will not recover a cent. The World Heritage treaty is deferential enough to the country concerned to apply but very weak pressure. Looking at the Constitution, it seems possible for a provincial authority to step into the fray but there is a thing called the National Council of Provinces which effectively ensures that a DA initiative will never see the light of day. This leaves one with the begging bowl: Appeal to the international community for funds to move the squatters to Bishops Court or the like. As a matter of interest, my impression is that funds are available but then mainly to purchase prime land for fancy trusts and the government.
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