Evictions in South Africa
Evicting someone in South Africa is strictly governed by South Africa’s laws and regulations. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act) provides a legal framework for evictions, which should only be pursued under lawful circumstances such as non-payment of rent or violating lease agreements. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act is an act of the Parliament of South Africa which came into effect on 5 June 1998 and which sets out to prevent arbitrary evictions. It’s important to note that unlawful removal can result in legal consequences for the landlord.
The Eviction process in South Africa
Here is a general guide on how to approach the eviction process in South Africa:
When considering eviction, it’s important to follow the legal process diligently and establish valid legal grounds. Common reasons include non-payment of rent, breach of lease terms, or the landlord’s need for the property for personal use. Before evicting your tenant, give written notice stating the reasons for eviction and the time frame within which the tenant should remedy the situation.
The Court Process of Evictions
If the tenant fails to comply with the notice, the landlord must apply to the local Magistrate’s Court or High Court for an eviction order. The court will consider the case based on the evidence provided and the merits of the situation. The landlord must prepare a Notice of Motion and Founding Affidavit outlining the reasons for eviction, any relevant evidence, and the steps taken to resolve the matter. It is best to make use of a Legal Practitioner (Advocate or Attorney)
It’s important to ensure that the tenant receives copies of the court documents, including the Notice of Motion and Founding Affidavit, by legal requirements. This is typically done through a sheriff of the Court.
Both parties will have the opportunity to present their cases at the court hearing. If you are the tenant and of the view that you are a lawful occupier, you should state so. The court will decide based on the evidence presented and the legal merits of the situation. If the court grants an eviction order, it will specify the date the tenant must vacate the premises.
After the Eviction Order is granted
Once the eviction is completed, the landlord can take possession of the property. The sheriff will execute the eviction order if the tenant does not comply voluntarily. Contact Advocate Muhammad Abduroaf if you require any assistance.