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sayed iqbal mohamed

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Deputy Chairperson, KwaZulu Natal Rental Housing Tribunal & Chairperson of the Organisation of civic rights (OCR).
Ashoka fellow (USA), member of the Council of Canadian Administrative Tribunals (CCAT) & member of Asia-Pacific Network for Housing Research (APNHR).

A human rights activist engaged in grassroots issues; the past 34 years championing the rights of tenants. A humanist whose positive energy and passion for the rights of people transcends ethnicity and nationalism.

Part of the Mass Democratic Movement and in post apartheid served as an advisor to the national Ministry of Housing on overhauling tenancy law- proposals and blueprint helped shape the new law in the form of the Rental Housing Act and provincial Tribunals for all South Africans involved in residential leases.

Served as a Metropolitan councillor (1998-2000) and as mediator and commissioner at the KZN Rental Housing Tribunal (2002-2008) and Deputy chairperson (2018 -)

Columnist, freelance journalist and author of Tenant & Landlord in South Africa. Contributed to various national and international publications, including journals, on the subject of tenancies, homeless, gender, safety and security and civic issues.

DPhil (UKZN), Certificate of Estate Agency, Certificate in Housing Policy, Development & Management Programme (Wits-UDW), Property Education Programme (South African Property’s Owners’ Association), Certificate in Sectional Title Scheme Management (UCT). MA Religion & Social Transformation (UKZN), BA Honours Arabic (UDW), BA Honours Islamic Studies (UDW). Majored in Psychology, Arabic and Islamic Studies.
Address: South Africa

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Muhammad Basheer

University of KwaZulu-Natal

Columbia University

MUHAMMAD AUWAL SULAIMAN (Ph.D)

Beaconhouse National University

Uitm Perak

Joaquín González Ibáñez

Universidad Complutense de Madrid

University of California, Berkeley

Muhammed A Al-Ahari

University of Phoenix

University of Manouba, Tunisia

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Papers by sayed iqbal mohamed

We must start nation building

Every human being is dignified and scared. One cannot arrogate to one’s self a privileged positio... more

The worlds only privately owned Catholic Church

The Llandaff Oratory is one of the most superbly constructed church and perhaps the only privatel... more The Llandaff Oratory is one of the most superbly constructed church and perhaps the only privately owned Catholic church in the world. Just a few hundred meters from the KwaZulu Natal and the Free State borders (South Africa), on the plateau, perched on the top, is the smallest, charming world renowned church in the Southern hemisphere.

Act highlights unfair practices-Instances applying to landlord, tenants

Understanding or grasping unfair practices in the Rental Housing Act can be daunting. Examples an... more

Tenant not liable for extra charges-Tribunal failed to accept ‘unfair practices’

Rental housing tribunal personnel do not have the authority nor the qualification, skill and know... more Rental housing tribunal personnel do not have the authority nor the qualification, skill and knowledge to decide on the merits of a tenant’s complaint. In fact, even a member of the tribunal cannot pronounce an opinion on an unfair practices dispute unless this is done as part of a ruling or judgment of the tribunal.

Man of mission to fight for poor-Moodley’s help lifeline for destitute tenants

Organisation of civic rights-OCR, provides the map and travel guide and often travel the roads wi... more Organisation of civic rights-OCR, provides the map and travel guide and often travel the roads with the tenants to ensure their safety, protect them from the dangers and empower them to travel with confidence. It is the people behind the scenes whose voluntary services make it possible to protect tenants.

Public needs swift justice-Legal body appears to miss urgency

The court will order the landlord, agent or any third party who breaks the law (spoliator) to rei... more The court will order the landlord, agent or any third party who breaks the law (spoliator) to reinstate the tenant or reconnect the services, regardless of the reasons to justify the unlawful action. Spoliation, literally means an action of ruining or destroying something, and, in the legal context, it is taking the law into one’s own hands.

Public should expect anything – Tenant felt ‘ambushed’ at tribunal hearing

Statutory bodies like the Rental Housing Tribunals need to provide an equitable service to the pu... more Statutory bodies like the Rental Housing Tribunals need to provide an equitable service to the public. National government must pass the relevant regulations that it was mandated to do so that standard procedures and unfair practices are followed by all the provincial tribunals. Cost saving measures are necessary and tribunals should use commissioners’ services prudently.

Prejudice by mediation delay – Finalise disputes within three months

A ruling of the tribunal is a magistrate’s court judgment and mediations are often converted into... more A ruling of the tribunal is a magistrate’s court judgment and mediations are often converted into a ruling having the same effect of a court judgment. The delay in dealing with the tenant’s or landlord’s complaint within the limit of three months is a miscarriage of justice and pitiable service delivery to the public. All the more reason that a mediator has the knowledge and experience within the tribunal environment, common law, contract law, the relevant constitutional provisions, case law and rules and procedures that govern dispute resolution and judicial proceedings.

Payment day depends on deal - Landlord can’t change lease unilaterally

The new landlord steps into the shoes of the previous landlord and the agreement with the tenant ... more The new landlord steps into the shoes of the previous landlord and the agreement with the tenant continues uninterrupted. It is advisable for a prospective landlord to investigate if there is an oral (verbal) or written agreement to establish the terms and conditions between the seller/previous owner and the tenants. Attempts to introduce any change without the consent of the tenant would not be binding and enforceable.

Long wait for justice for poor –Fulfilling Nelson Mandela’s dream

The poor need legal assistance and access to justice in civil matters and in spite of legal aid o... more The poor need legal assistance and access to justice in civil matters and in spite of legal aid or justice centres (statutory bodies) acting under a constitutional mandate, they are unable to provide the necessary service. Tenants who do not have the financial means are denied access to legal assistance and to justice to enforce their contractual rights or to challenge their landlords’ unlawful actions. The poor have waited far too long for their freedom and we must all work together to ensure that the government translates Madiba’s dream into a reality.

If landlord will not accept rent-letter confirming refusal can be useful

The tenant can and ought to safeguard his or her rights when payment is rejected by the landlord ... more

Check property before signing-Enquire about electricity, water & levy

There are certain precautionary steps a tenant must take before concluding a lease or face dire c... more

Cancellation holds no water – tenant not to blame for landlord’s error

Landlord demanding water charges from tenant four years later can be problematic for the landlord... more

Undoing an eviction by default-Defendant must get rescission

Should the tenant fail to respond to a summons or application procedure within the time allowed, ... more Should the tenant fail to respond to a summons or application procedure within the time allowed, default judgment can be taken against him or her. This can be reversed provided a proper / bona fide defence is put forward, seeking the court’s intervention. The court will not merely accept a version that no court processes (documents) were received.

Intricacies of leasing property-a landlord does not have to be the owner

Hijacked property- the court will not allow the bank and sheriff to rob an owner of his/her prope... more Hijacked property- the court will not allow the bank and sheriff to rob an owner of his/her property that was part of a third party’s fraudulent scheme. The new owner will not only be denied the right to evict the lawful owner but will also have no right to acquire ownership.

Landlord does not have to be an owner but a putative owner and the lease can be challenged by a person with a superior title, e.g., the lawful owner.

Interpreting sub-leasing or assigning of a lease– transfer of rights, obligations

How does a sub-lease differ from an assignment? Can a sub-tenant acquire more rights from the pri... more

No landlord obligation to give notice-fixed lease expiry automatic

Tenants sometimes expect a written notice terminating a fixed term lease, unaware of the fact tha... more

Tribunal rulings by consensus-conduct, powers are limited by statute

How does the rental housing tribunal members decide a complaint? What procedure does it follow fo... more

Tenant accepts rules with lease-both he and the owner are bound by it

Would the court allow the disconnection of electricity or services to be restricted if parties ha... more Would the court allow the disconnection of electricity or services to be restricted if parties have agreed. The agreement relates to a rule of the homeowners’ association that allows it to invoke this power in the event an owner fails to pay levies or penalties. It further binds the owner’s tenant for the owner/landlord’s failure or infringement. The South African high court in Free State province confirmed that such a rule is binding on the owner and her or his tenant.

Law does not favour tenants-shortage works for landlords

Does the South African tenancy laws favour tenants? Most tenants are not dishonest, they are dili... more

We must start nation building

Every human being is dignified and scared. One cannot arrogate to one’s self a privileged positio... more

The worlds only privately owned Catholic Church

The Llandaff Oratory is one of the most superbly constructed church and perhaps the only privatel... more The Llandaff Oratory is one of the most superbly constructed church and perhaps the only privately owned Catholic church in the world. Just a few hundred meters from the KwaZulu Natal and the Free State borders (South Africa), on the plateau, perched on the top, is the smallest, charming world renowned church in the Southern hemisphere.

Act highlights unfair practices-Instances applying to landlord, tenants

Understanding or grasping unfair practices in the Rental Housing Act can be daunting. Examples an... more

Tenant not liable for extra charges-Tribunal failed to accept ‘unfair practices’

Rental housing tribunal personnel do not have the authority nor the qualification, skill and know... more Rental housing tribunal personnel do not have the authority nor the qualification, skill and knowledge to decide on the merits of a tenant’s complaint. In fact, even a member of the tribunal cannot pronounce an opinion on an unfair practices dispute unless this is done as part of a ruling or judgment of the tribunal.

Man of mission to fight for poor-Moodley’s help lifeline for destitute tenants

Organisation of civic rights-OCR, provides the map and travel guide and often travel the roads wi... more Organisation of civic rights-OCR, provides the map and travel guide and often travel the roads with the tenants to ensure their safety, protect them from the dangers and empower them to travel with confidence. It is the people behind the scenes whose voluntary services make it possible to protect tenants.

Public needs swift justice-Legal body appears to miss urgency

The court will order the landlord, agent or any third party who breaks the law (spoliator) to rei... more The court will order the landlord, agent or any third party who breaks the law (spoliator) to reinstate the tenant or reconnect the services, regardless of the reasons to justify the unlawful action. Spoliation, literally means an action of ruining or destroying something, and, in the legal context, it is taking the law into one’s own hands.

Public should expect anything – Tenant felt ‘ambushed’ at tribunal hearing

Statutory bodies like the Rental Housing Tribunals need to provide an equitable service to the pu... more Statutory bodies like the Rental Housing Tribunals need to provide an equitable service to the public. National government must pass the relevant regulations that it was mandated to do so that standard procedures and unfair practices are followed by all the provincial tribunals. Cost saving measures are necessary and tribunals should use commissioners’ services prudently.

Prejudice by mediation delay – Finalise disputes within three months

A ruling of the tribunal is a magistrate’s court judgment and mediations are often converted into... more A ruling of the tribunal is a magistrate’s court judgment and mediations are often converted into a ruling having the same effect of a court judgment. The delay in dealing with the tenant’s or landlord’s complaint within the limit of three months is a miscarriage of justice and pitiable service delivery to the public. All the more reason that a mediator has the knowledge and experience within the tribunal environment, common law, contract law, the relevant constitutional provisions, case law and rules and procedures that govern dispute resolution and judicial proceedings.

Payment day depends on deal - Landlord can’t change lease unilaterally

The new landlord steps into the shoes of the previous landlord and the agreement with the tenant ... more The new landlord steps into the shoes of the previous landlord and the agreement with the tenant continues uninterrupted. It is advisable for a prospective landlord to investigate if there is an oral (verbal) or written agreement to establish the terms and conditions between the seller/previous owner and the tenants. Attempts to introduce any change without the consent of the tenant would not be binding and enforceable.

Long wait for justice for poor –Fulfilling Nelson Mandela’s dream

The poor need legal assistance and access to justice in civil matters and in spite of legal aid o... more The poor need legal assistance and access to justice in civil matters and in spite of legal aid or justice centres (statutory bodies) acting under a constitutional mandate, they are unable to provide the necessary service. Tenants who do not have the financial means are denied access to legal assistance and to justice to enforce their contractual rights or to challenge their landlords’ unlawful actions. The poor have waited far too long for their freedom and we must all work together to ensure that the government translates Madiba’s dream into a reality.

If landlord will not accept rent-letter confirming refusal can be useful

The tenant can and ought to safeguard his or her rights when payment is rejected by the landlord ... more

Check property before signing-Enquire about electricity, water & levy

There are certain precautionary steps a tenant must take before concluding a lease or face dire c... more

Cancellation holds no water – tenant not to blame for landlord’s error

Landlord demanding water charges from tenant four years later can be problematic for the landlord... more

Undoing an eviction by default-Defendant must get rescission

Should the tenant fail to respond to a summons or application procedure within the time allowed, ... more Should the tenant fail to respond to a summons or application procedure within the time allowed, default judgment can be taken against him or her. This can be reversed provided a proper / bona fide defence is put forward, seeking the court’s intervention. The court will not merely accept a version that no court processes (documents) were received.

Intricacies of leasing property-a landlord does not have to be the owner

Hijacked property- the court will not allow the bank and sheriff to rob an owner of his/her prope... more Hijacked property- the court will not allow the bank and sheriff to rob an owner of his/her property that was part of a third party’s fraudulent scheme. The new owner will not only be denied the right to evict the lawful owner but will also have no right to acquire ownership.

Landlord does not have to be an owner but a putative owner and the lease can be challenged by a person with a superior title, e.g., the lawful owner.

Interpreting sub-leasing or assigning of a lease– transfer of rights, obligations

How does a sub-lease differ from an assignment? Can a sub-tenant acquire more rights from the pri... more

No landlord obligation to give notice-fixed lease expiry automatic

Tenants sometimes expect a written notice terminating a fixed term lease, unaware of the fact tha... more

Tribunal rulings by consensus-conduct, powers are limited by statute

How does the rental housing tribunal members decide a complaint? What procedure does it follow fo... more

Tenant accepts rules with lease-both he and the owner are bound by it

Would the court allow the disconnection of electricity or services to be restricted if parties ha... more Would the court allow the disconnection of electricity or services to be restricted if parties have agreed. The agreement relates to a rule of the homeowners’ association that allows it to invoke this power in the event an owner fails to pay levies or penalties. It further binds the owner’s tenant for the owner/landlord’s failure or infringement. The South African high court in Free State province confirmed that such a rule is binding on the owner and her or his tenant.

Law does not favour tenants-shortage works for landlords

Does the South African tenancy laws favour tenants? Most tenants are not dishonest, they are dili... more