FAQs

It means that the eviction matter will no longer be heard in court on a particular date and a new court hearing date will need to be obtained for the eviction matter. This does not mean that the eviction matter is cancelled or terminated.

In terms of section 4(2) of the Prevention of Illegal Evictions From and Unlawful of Land Act, the occupiers of the property concerned must be notified of the eviction court hearing date.

In addition, the Courts now require that the occupiers be informed of their rights to oppose an eviction.

In light of the above, the Courts must be approached to have the Court approve (or authorise) a document that indicates the eviction court hearing date and informs the occupiers of their rights and this is the ‘section 4(2) notice’ or the ‘special notice’.

Only the registered owner (or the person in charge at the time) can evict unlawful occupiers.

Yes! No person can be evicted without an eviction court order. The Prevention of Illegal Eviction and Unlawful Occupation of Land Act makes it a criminal offence to evict (or try to evict) someone without an eviction court order.

Generally speaking, a private land owner (or landlord) is not required to provide alternative accommodation to an unlawful occupier. Only the relevant municipality is obligated to provide ‘access to housing’ and this may include the municipality being obligated to provide alternative accommodation.

The municipality has the obligation to give effect to the right to access to housing. In practice, this means that a private property owner does not need to give evicted occupiers alternative accommodation.

It means that the eviction matter will no longer be heard in court on a particular date and a new court hearing date will need to be obtained for the eviction matter. This does not mean that the eviction matter is cancelled or terminated.

In terms of section 4(2) of the Prevention of Illegal Evictions From and Unlawful of Land Act, the occupiers of the property concerned must be notified of the eviction court hearing date.

In addition, the Courts now require that the occupiers be informed of their rights to oppose an eviction.

In light of the above, the Courts must be approached to have the Court approve (or authorise) a document that indicates the eviction court hearing date and informs the occupiers of their rights and this is the ‘section 4(2) notice’ or the ‘special notice’.

This is the way the court is approached to have the court authorise the notice to be given to the occupiers (commonly called a ‘section 4(2) notice’) warning the occupiers of the date on which the eviction hearing will take place.

This notice also informs the occupiers of their rights and that they should get legal representation before the eviction hearing.

When you become aware that someone is occupying your property (and not paying rent), you should start the eviction process sooner rather than later to limit how much money you could lose.

Also, evictions that are started within the first six months make it easier to obtain the eviction court order because the court does not need to consider whether or not there is alternative accommodation for the occupiers.

The Constitution provides that no eviction may take place without a court order and, in fact, the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act makes it a criminal offence to evict any person without an eviction court order.

In all residential evictions in urban areas, the court must be approached (at least) twice for the following:

• To have the court authorise and approve the notice that must be given to the occupiers (commonly called a ‘section 4(2) notice’). This notice warns the occupiers of the date on which the eviction will be heard by the court.
• To get the eviction court order.

The Constitution provides that no eviction may take place without a court order and, in fact, the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act makes it a criminal offence to evict any person without an eviction court order.