“Nip it in the bud” – AG tells RDCs, NDCs to take tougher stance on squatting, illegal encumbrances

Noting the Government’s zero-tolerance stance on squatting, Attorney General (AG) and Legal Affairs Minister Anil Nandlall has contended that Regional Democratic Councils (RDCs) and Neighbourhood Democratic Councils (NDCs) must do more to exercise their powers to prevent and remove illegal encumbrances erected within their respective jurisdictions.
“Both of these local authority organs have wide-ranging powers on the different pieces of legislation to remove encumbrances from public reserves, Government reserves, state lands, et cetera,” Nandlall highlighted on Tuesday evening during his programme “Issues in the News”.
“And you are to use those powers, serve notices, take the persons to court, or use the power to demolish the buildings as they are being erected. Or if you need central Government help, well, then enlist that help.”
In fact, Nandlall contended that the RDCs and NDCs must be more proactive in dealing with these situations during the construction phases of these illegal structures.
“A building is not built in a day. And once you are vigilant and you see the construction starting, you know, on a plot of land that is demarcated or identified as a public reserve, Government reserve, state reserve, etc, you take immediate actions. And in that way, you nip the thing in the bud before it becomes a problem,” he asserted.
Additionally, he encouraged RDCs and NDCs to retain the services of lawyers in order to better deal with these types of situations.
“These local authorities perform legal functions that are outlined in various pieces of legislation. I have made that legislation available to all these authorities. But you may have a problem in reading and understanding them. And that is understandable. You’re not lawyers. But if you have on retainer a lawyer who can assist you, then you would discharge your functions far more effectively,” he noted.

No rights
The AG also reminded us that squatters have no legal rights and, more so, their presence interferes with development.
“For example, if you are squatting on a dam that is to be used for the clearing of drainage canals, then you are preventing the canals from being cleaned, as a result of which flooding comes and tens of thousands of people are affected… For example, the construction of a health centre. When you go and you squat there, you deny hundreds of people important facilities that that area was earmarked for. I can go on and on to tell you the pernicious impact that your selfish occupation of lands that you ought not to occupy can have on the public good and on the welfare of an entire community of people. How is that fair? And it is for that reason that the law is so harsh on squatters,” Nandlall posited, adding that “squatting is a criminal offence as well as a civil wrong.”
“Squatters have no rights whatsoever. That is why when a squatter’s erections or buildings are demolished, that squatter gets no protection from the law. The law doesn’t recognise squatters. So, when you squat, you expose yourself to all types of perils. The rightful owner of that property, without any resort to a court, can by self-help demolish your property and eject you therefrom using reasonable physical force, and they don’t have to get a court order,” he outlined.
Nandlall recalled the case of the Mocha squatters, where they took the matter to court and lost.
“They lost everything. And the court awarded millions of dollars of costs against them. And they had many lawyers. They lost all the cases. The law does not countenance it. It does not support. It does not tolerate squatting,” he reminded.
Moreover, the AG explained that squatting areas are not entitled to Government services such as water and electricity.
Furthermore, he emphasised that the Government has a vibrant housing programme and encouraged persons to utilise the proper channels in seeking accommodations.
“The demand is always higher than the supply, so there is always a backlog, especially in certain regions of the country. But that is no excuse to go and squat, not because your application is taking long to process, but because your application gives you the right or provides you with a basis to squat on Government lands, public lands, state lands, or Government or public reserves, because it will not be tolerated,” he affirmed.
“If you engage the Government sensibly, you can get this type of assistance. If you want to play wrong and strong, well, then the full force of the law and the coercive powers of the state will have to be unleashed. And we are hoping that we don’t have to resort to those extreme measures,” he added.