Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

A Critique of Myopic Covid-19 Regulations Pertaining to Immovable Property Rights

Author(s): Rashri Baboolal Frank

In South Africa, a property owner or a tenant is entitled to specific property right entitlements by virtue of their rights in law. Immovable property is referred to as a place of residence or your home. One of the property entitlements is possession and occupation, which facilitates for the peaceful enjoyment of the immovable property. This means that the owners or possessors of the immovable property for the most part enjoy the benefits of occupation in peace, harmony and it is a haven. The national and local bylaws do impose restriction of property rights that are not unlimited rights. However, this ideal is not a reality for everyone in South Africa, especially women. It is evident that verbal and physical abuse of women has taken place at their homes for a period of time prior to the pandemic, but domestic violence and gender-based violence reached its peak during the pandemic in South Africa. Home was therefore no longer a sanctuary, but a place of property rights violations and restrictions imposed by government. The paper elucidates that the COVID-19 regulations provided a catalyst for infringement to undisturbed use and enjoyment of the home. Women suffered due to the restriction of movement, they could not leave their homes and were at the helm of subjected abuse by their partners. The paper discusses and explores, the constitutional judgment that relates to the constitutionality of the myopic COVID-19 regulations in South Africa. The paper recommends measures to ensure undisturbed possession, use and enjoyment of property during the pandemic and in effect to curb domestic violence and gender-based violence to a minimum or complete elimination in totality at home. The paper aims to protect the immovable property rights of women in South Africa to provide a deterrence against abuse.

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