The Eviction Process in South Africa

Eviction in South Africa is tightly regulated to protect people from arbitrary removal from their homes. Section 26(3) of the Constitution says no one may be evicted from their home without an order of court made after considering all the relevant circumstances. The main law is the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998, known as the PIE Act.

A court order is always required

It is unlawful for a landlord to force an occupier out by changing the locks, cutting off water or electricity, or removing belongings. This is sometimes called a “self-help” eviction and is illegal. Only a court can authorise an eviction, and only after the correct procedure has been followed.

The eviction procedure

• The landlord must first end the right to occupy — for example by lawfully cancelling a lease for non-payment.
• The landlord then applies to court for an eviction order.
• The occupier and the municipality must be given formal notice (usually at least 14 days before the hearing) setting out their rights.
• At the hearing, the court decides whether eviction is just and equitable.

The “just and equitable” standard

The PIE Act requires the court to consider all relevant circumstances before granting an eviction. These include how long the person has occupied the property, whether children, elderly people, women-headed households or people with disabilities are involved, and whether alternative accommodation is available. The court may delay the eviction or attach conditions to it.

Unlawful occupiers versus tenants

The PIE Act applies to unlawful occupiers — people occupying without consent or a valid right. The Rental Housing Act and the terms of a lease also govern the relationship between landlords and tenants. Even where a tenant has breached a lease, the landlord must still obtain a court order to evict.

Both landlords and occupiers benefit from understanding the process: landlords must follow it exactly or risk their application being dismissed, and occupiers have real protections that a court must weigh before anyone is removed from their home.