Eviction

Section 26 of the South African Constitution provides every individual with the right of access to adequate housing and states that no one may be evicted from their home without an order of Court made after considering all relevant circumstances.

In enforcing this basic right, The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (“PIE”) provides that no individual may be evicted without an order of Court after all relevant circumstances have been considered.

PIE however also recognises the rights of landowners and accordingly seeks to regulate the eviction of unlawful occupiers from land in a fair manner.

PIE must be adhered to by the registered owners seeking to evict a person who occupies his dwelling or shelter without the express or tacit consent of such landowner.

• Ownership of the land in question
• That the person occupying the land does so unlawfully
• That the procedural provisions of PIE have been complied with
• That on consideration of all relevant circumstances an eviction order is just and equitable.