Recovering property from an occupier who will not leave is stressful—but the law is clear: eviction must go through the courts. Taking matters into your own hands is unlawful and can expose you to serious liability.
The governing law
Most residential evictions are governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (the “PIE Act”). It protects unlawful occupiers from arbitrary eviction and requires a court to weigh what is just and equitable.
The lawful process in outline
- Establish unlawful occupation. For tenants, this usually means lawfully cancelling the lease first (for example, for non-payment after proper notice).
- Apply to court for an eviction order.
- Serve notice under section 4(2) of the PIE Act on the occupier and the municipality, on the court’s authority, at least 14 days before the hearing.
- The court considers all relevant circumstances—including the rights of the elderly, children, disabled persons and households headed by women, and whether alternative accommodation is available.
- If an order is granted, only the Sheriff of the court may carry out the eviction.
What you may not do
You may not change the locks, cut off water or electricity, remove the occupier’s belongings, or use force. These “self-help” measures are themselves unlawful and can result in damages claims and even criminal liability against the owner.
Bottom line
Follow the PIE Act process carefully. Done properly, eviction is lawful and effective; done improperly, it can rebound on the property owner.
This article provides general information on South African law and is not legal advice. For guidance on your specific circumstances, please contact Tebatso Mankgeru Attorneys Inc.