Introduction

Eviction is a complex legal process that involves removing occupants from a property. In South Africa, this process is governed by specific laws and procedures designed to protect both property owners and occupants. This article provides a comprehensive overview of eviction laws, including who can evict, who can be evicted, and the legal procedures involved.

Summary of the Law

The primary legislation governing evictions in South Africa is the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998, commonly known as the PIE Act. This act applies to all residential premises, including huts, shacks, tents, and other temporary or permanent dwellings

The PIE Act aims to balance the rights of property owners with those of occupants, ensuring that evictions are carried out in a just and equitable manner. It sets out specific requirements that must be met before an eviction can be granted, including consideration of the occupants’ circumstances and the availability of alternative accommodation

Key Legal Judgments

Several court cases have shaped the interpretation and application of eviction laws in South Africa:

Grobler v Phillips and Others (2021).  

In this case, the Supreme Court of Appeal set aside an eviction order against an 84-year-old widow and her disabled son. The court ruled that the eviction was not just and equitable, considering the occupants’ age, disability, and long-term residence on the property. This judgment emphasized the importance of considering all relevant circumstances when deciding on eviction cases

Coetzee v Pipet Place Eiendomme CC (2016). 

This case highlighted the court’s obligation to consider all relevant circumstances when granting an eviction order. The court ruled that while alternative accommodation is a factor to consider, it is not always necessary to provide it, especially if the occupant can find their own accommodation

Who Has a Right to Evict?

The right to evict under the PIE Act is granted to:

1. Registered property owners
2. Persons in control of the residential premises, including:
   • Lawful tenants
   • Executors administrating estates that include the premises
   • Agents acting on the lawful instructions of the owner

Who Can Be Evicted?

The following individuals can be subject to eviction:

1. Defaulting tenants whose lease agreements have been terminated
2. Defaulting mortgagors whose bonds were cancelled and property sold in execution
3. Unlawful occupiers and squatters
4. Any person who does not have the express consent of the owner or person in lawful control of the premises

Special Considerations

Courts are obliged to give special consideration to:

• The elderly
• Children
• People with disabilities
• Households headed by women

All facts and circumstances related to these vulnerable groups must be presented to the court for evaluation

Lawful Eviction Procedure

The eviction process involves several steps:

Step 1: Eviction Notice/Demand

• An eviction notice or demand is served on the occupant
• It typically provides 30 days to vacate the premises
• Allows for negotiation of settlement terms or timeframes
• Can be served by the Sheriff or hand-delivered

Step 2: Court Application for Eviction

• A court application (notice of motion with supporting affidavit) is filed
• Must be served by the Sheriff on the occupant and relevant municipality
• Occupant must receive papers at least 14 days before the court date
• Sets out court appearance date and deadlines for opposing papers

Step 3: Court Hearing

• Court considers all relevant facts
• Legal representatives present arguments
• If successful, court provides occupant time to vacate (usually up to 1 month)
• Court order authorizes Sheriff to remove occupant if they fail to vacate

Step 4: Forced Eviction by Sheriff

• Sheriff serves copy of Eviction Court Order on occupants
• Authorized to forcefully remove occupants after court-appointed vacation date
• May obtain police assistance if necessary
• Can remove belongings and demolish structures
• Process may take several weeks to execute

Conclusion

Eviction is a complex legal process that requires careful consideration of various factors. The PIE Act aims to protect both property owners and occupants by ensuring that evictions are carried out in a just and equitable manner. Key points to remember:

• Evictions must follow proper legal procedures
• Courts consider all relevant circumstances, including the vulnerability of occupants
• Special consideration is given to elderly, disabled, children, and female-headed households
• The process can take many months and is very costly
• Both landlords and tenants are advised to seek legal counsel to ensure compliance with the law

Recent court judgments have emphasized the importance of considering the specific circumstances of each case, particularly when dealing with vulnerable occupants. While the law protects property owners’ rights, it also ensures that evictions are not carried out arbitrarily or without due consideration of the occupants’ situation. It’s crucial for both property owners and occupants to understand their rights and responsibilities under the PIE Act. Proper adherence to legal procedures can help minimize conflicts, reduce costs, and ensure fair treatment for all parties involved in eviction cases.