Evictions – South African Law

The most notable piece of South African legislation governing evictions at present is the Prevention of Illegal Evictions from Unlawful Occupation of Land Act No. 19 of 1998 (‘the PIE Act’). One may notice an ever-increasing tendency in South African Court’s to consider the PIE Act during eviction proceedings. The PIE Act gives effect to (amongst other pieces of South African Legislation) Sections 26, being the right to adequate housing, and 28 which section guarantees the right of every child to a shelter, of the 1996 Constitution of The Republic of South.

An eviction may be defined as the legal process whereby a landlord removes a tenant from a leased property. Evictions occur because a tenant has either not paid rent alternatively is habitually late in payment of their rent, however it should be noted that a lease may outline other reasons whereby a tenant may be evicted.

There exist three types of eviction processes in South Africa, being;

1. The normal eviction, and
2. An urgent eviction, and
• In this instance a landlord may evict a bad tenant for damage to the property, violating pet provisions, disturbances, committing criminal offences, and/or for infringing health and safety codes.
3. An organ of state eviction.

‘Q & A’s’

1. What is the average waiting period for a tenant to be successfully evicted in South Africa?
• The eviction process may take anywhere between six weeks and 18 months.
2. What is the legally prescribed length of time a landlord must give a tenant to vacate the premises?
• As per the Rental Housing Act No. 50 of 1999, a minimum of one calendar month notice must be given to a tenant upon the lease reaching its termination date.
3. What constitutes and illegal eviction?
• A landlord, not an agent (which is a person acting on behalf of the landlord) may not legally attempt to physically evict a tenant, nor change the locks allowing access to the premises, in other words no entity is legally able to encroach on one’s use and enjoyment of their property.
• Further, and of utmost importance, only the police can carry out an eviction.