Evictions

Eviction means to deprive a person of occupation of a building or structure, or the land on which such building or structure is constructed, against his or her will.

The Constitution provides that no person may be evicted without a court order. This means that an owner or a person in charge of property must apply to court before evicting a person.

The procedures provided for either in the Prevention of Illegal Eviction from and Unlawful Occupation of Property Act (“PIE Act”) or the Extension of Security of Tenure Act (“ESTA Act”) must be followed when an owner or a person in charge of property wants to evict a person.

A person may be evicted from a residential property if he/she is considered to be an unlawful occupier and provided that a court deems it just and equitable to grant the eviction order.

An unlawful occupier is when a person:

• stays on a property without the consent of the landlord;
• stays on a property without having any right in law to do so; or
• is not considered to be an occupier in terms of any other law.

When a landlord duly cancels or withdraws his/her consent previously given to an occupier to stay on his/her residential property, the occupier will then be considered unlawful.

The owner or person in charge must duly cancel or withdraw any right or consent given to the occupier before commencing with the eviction. The landlord must notify the occupier of such cancellation or withdrawal in writing and give the occupier reasonable time to vacate the property. If the occupier remains in occupation of the property, despite due notice given to him/her, the landlord may approach the court to start with the eviction procedure. It is advisable that attorneys be appointed at this juncture, to assist you in litigation.

The unlawful occupier has the right to receive timeous notice of the eviction application; is entitled to appear before court and oppose the application with/or without his/her attorney; and also has the right to legal representation.

• The full names and surnames of the occupiers whose housing on the property may be directly affected (“the occupiers”);
• The history of the occupiers’ occupation on the property (specifically the reason why they took occupation; when they took occupation of the property; the number of years they have occupied the property; who took occupation of the property with them);
• The full particulars (specifically name; surname; age; employment status; elderly/sickly) of all persons residing on the property with the occupiers (“the other occupants”);
• The history of the other occupants’ occupation on the property;
• The socio-economic circumstances of the occupiers and other occupants (income, employment status);
• The property description; and,
• The full details of the registered owner of the property.

• A copy of the agreement, from which the occupation arose;
• A copy of the title deed of the property;
• A copy of any housing-related notices addressed to the occupier in the past.