Abstract:
Summary
A national state of disaster was declared in terms of the Disaster Management Act 57
of 2002 followed by an implementation of a national lockdown in an effort to curb the
spread of the Covid-19 virus. As a result of the lockdown, a large number of people
were unable to work, which adversely affected their financial status, specifically their
ability to pay rent.
In this dissertation, I examine whether South African law adequately addresses
instances in which one is unable to meet rental obligations due to an unforeseen
disaster such as the Covid-19 pandemic. Do adequate rent control measures, such as
rent reduction measures, exist to safeguard tenants' security of tenure during disasters
as well as ensure the continuation of lease relationships? Furthermore, do existing
eviction laws adequately protect tenants facing eviction during disasters when rent
control measures fail to protect their security of tenure?
Rent control is an extraordinary form of state intervention which is given effect to
through legislation. Essentially, rent control permits tenants to remain in occupation of
the leased property after the lease contract has been terminated. State intervention
becomes necessary when public interests demand it. I submit that the Covid-19
pandemic is one such instance which required state intervention. Were the regulations
promulgated in terms of the DMA sufficient and further will the said regulations apply
beyond the Covid-19 pandemic? Can South Africa’s property law make use of
resilience thinking to assist in carrying forth and elaborating on the DMA regulations.
I found that the regulations promulgated in terms of the DMA were indeed sufficient to
cater for the continuation of the lease relationship during the Covid-19 pandemic.
Using resilience-thinking as tool to achieve future integration, I found that the same
regulations should be carried forward after the pandemic.
