Eviction is one of the most sensitive areas of law in South Africa. On one side are landlords and property owners seeking to enforce their rights over land or buildings they own. On the other are tenants or occupiers, many of whom face severe hardship if forced to leave.
To balance these competing interests, Parliament passed the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act). This law, backed by Section 26 of the Constitution, ensures that no eviction may take place without a court order, and that courts must consider what is just and equitable in every case.
This blog explains the PIE Act in detail: who it protects, how eviction works, the duties of landlords, and the defences available to tenants. We also examine landmark cases that have shaped South Africa’s eviction law.
The Constitutional Foundation of Eviction Law
Section 26 of the Constitution
The right to housing is enshrined in Section 26(1) of the Constitution: “Everyone has the right to have access to adequate housing.”
Section 26(3) adds: “No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances.”
This is the cornerstone of PIE: it elevates housing security beyond mere contract law and requires courts to balance property rights with human dignity.
The PIE Act: An Overview
The PIE Act came into force in 1998 to address unlawful evictions and apartheid-era practices where people were removed from land without due process. It establishes three key principles:
- Evictions must be authorised by a court order.
- Occupiers must be given proper notice and a chance to oppose.
- The court must ensure eviction is just and equitable.
Who is an “Unlawful Occupier”?
According to Section 1 of PIE, an unlawful occupier is any person who occupies land without the consent of the owner or without another lawful right (such as a lease).
This includes:
- Tenants who stay after a lease is cancelled.
- Former employees occupying staff housing after dismissal.
- People moving onto vacant land without permission.
However, PIE excludes lawful occupiers, such as tenants with valid leases or owners with title deeds.
Landlords’ Rights and Duties
What Landlords Can Do
- Apply to court for eviction under PIE.
- Cancel a lease according to its terms.
- Enforce contractual obligations such as rent.
What Landlords Cannot Do
- Evict tenants without a court order (“self-help” evictions are unlawful).
- Change locks, cut utilities, or intimidate tenants to leave.
- Ignore municipal involvement where required (for vulnerable occupiers).
The Eviction Process: Step by Step
1. Notice to Vacate
The landlord must first cancel the lease and give the tenant notice to vacate. If the tenant refuses, the landlord may approach the court.
2. Application to Court
The landlord brings an eviction application in either the Magistrates’ Court or High Court.
3. Section 4(2) Notice
The court issues a notice to the occupier, served by the sheriff at least 14 days before the hearing. This notice must:
- State the hearing date.
- Inform the occupier of their right to oppose.
- Summarise the case against them.
4. Hearing
At the hearing, both landlord and occupier present evidence. The municipality is often called to provide a report on whether alternative accommodation is available.
5. Judgment
The court considers:
- The rights of the owner.
- The occupier’s personal circumstances (children, elderly, disabled).
- Availability of alternative accommodation.
- Duration of occupation.
If eviction is ordered, the court sets a date and conditions.
6. Enforcement
The sheriff carries out the eviction, often with the assistance of police.
Defences Against Eviction
Occupiers can oppose eviction if:
- Notice was defective (e.g., not served properly).
- Eviction would cause homelessness without municipal alternatives.
- Eviction is not urgent and no justification is provided.
- The landlord has acted unfairly or not followed contractual terms.
Case Law That Shaped PIE
1. Theart v Minnaar (2010)
The Supreme Court of Appeal stressed the importance of procedural compliance. Notices that do not strictly comply with PIE requirements render eviction unlawful.
2. Blue Moonlight Properties v Occupiers (2011)
The Constitutional Court ruled that municipalities must provide temporary housing to prevent homelessness after evictions. This landmark case confirmed that housing rights impose positive duties on the state.
3. Shezi v L.V.L & Another (2023)
The Johannesburg High Court analysed whether eviction was just and equitable under PIE. It reinforced that eviction cannot be granted automatically; occupiers must be heard, and proper notices must be served.
4. Barker v Nangu (2024)
The court delayed eviction because the municipality failed to provide a proper housing report. This case highlights the active role of municipalities in eviction proceedings.
5. Khoza & Others v Vosloo (2024)
Here the court emphasised protection for children. Evictions involving families with minors require even greater judicial scrutiny.
Residential vs Commercial Evictions
PIE applies only to residential occupation.
- Residential Evictions: Require full PIE compliance, including municipal involvement.
- Commercial Evictions: Governed primarily by contract law; courts enforce lease terms without PIE’s constitutional protections.
Urgent Evictions
Section 5 of PIE allows for urgent evictions when:
- There is imminent danger of harm to persons or property.
- The unlawful occupier is committing a crime.
- Urgency is proved in court.
Even then, fairness remains the guiding principle.
Practical Tips for Landlords
- Always follow proper procedures under PIE.
- Serve notices correctly via the sheriff.
- Involve the municipality early.
- Budget for potential delays—PIE cases can take months.
- Avoid self-help remedies; they can lead to damages claims.
Practical Tips for Tenants
- Do not ignore eviction notices—attend court or seek legal help.
- Raise defences where notices are defective or eviction is unfair.
- Approach the municipality if eviction would leave you homeless.
- Understand that you have both rights and responsibilities—rent obligations still apply.
Conclusion
The PIE Act ensures that eviction in South Africa is never a mechanical process. Courts must weigh the rights of property owners against the human dignity of occupiers, always guided by what is just and equitable.
For landlords, this means eviction requires patience and strict legal compliance. For tenants, it means security against arbitrary removal, but also recognition of duties.
Ultimately, PIE reflects South Africa’s constitutional vision: balancing property rights with the right to housing in a fair and compassionate way.
References
Constitution of the Republic of South Africa, 1996. Section 26.
Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998.
Theart v Minnaar [2010] ZASCA 126 (Supreme Court of Appeal).
Blue Moonlight Properties v Occupiers of Saratoga Avenue [2011] ZACC 33 (Constitutional Court).
Shezi v L.V.L & Another [2023] ZAGPJHC 373 (Johannesburg High Court).
Barker v Nangu [2024] (South African High Court).
Khoza & Others v Vosloo [2024] (South African High Court).