In the context of evictions in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (the “PIE Act”), a private property owner is under no obligation to provide a tenant with alternative accommodation in order to evict the tenant.

In a long list of cases (Port Elizabeth Municipality v Various Occupiers 2005 (1) SA 217 (CC); City of Johannesburg Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Another 2012 (2) SA 104 (CC); and Occupiers, Berea v De Wet NO and Another 2017 (5) SA 346 (CC)), it was decided that the obligation to provide alternative accommodation rests on the Government.

In light of the above, you can rest assured that you do not need to provide an evictee with alternative accommodation.

Categories: Eviction

Bruce Barkhuizen

Bruce Barkhuizen is an attorney and notary in the dispute resolution department of Bruno Simão Attorneys and has experience in property law, eviction law, commercial law, contract law, criminal law and company law.

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