From our Partner: LOCKDOWN AND EVICTIONS

Human Settlements, Water and Sanitation Minister Lindiwe Sisulu has said while evictions were not allowed during the National lockdown, land occupations would not

be tolerated.

The minister stated that according to the National Coronavirus Command Council

guidelines all provinces were prohibited from evicting people. Sisulu said while land

occupations were illegal, nobody would be evicted.

"When we say there should be no land invasion, it is actually that what we mean.

The responsibility of making sure it happens is a law enforcement matter. It is in our

regulations therefore we expect that the law enforcers will make sure that any land

that is on the brink of being invaded is protected appropriately"; Sisulu said.

The Prevention of Illegal Eviction (PIE) Act stipulates that no person may be evicted

without a Court Order. Further, no evictions are permitted under lockdown Levels 5 -

3.

The Prevention of Illegal Eviction applies to all land throughout the Republic of South

Africa, unless the Extension of Security of Tenure Act applies. The PIE Act makes a

clear distinction between an eviction from a residential property and an eviction from

a commercial property. The Extension of Security of Tenure Act deals with the

eviction of lawful occupiers or occupiers of rural or peri-urban land, whose

occupation was previously lawful, such as land that has been designated for

agricultural purposes.

Although evictions are still not permitted, an Application for an eviction order may be

brought before the Courts, which are now able to hear applications and grant

eviction orders. In addition, Sheriff services have resumed, the Deeds Office is open,

and consultations related to evictions will take place but the order will only be able to

be enforced once lockdown regulations change and permit them to do so. This

means that an Attorney is permitted to prepare an order for eviction, which may be

granted during Level 3. However, the order is suspended and cannot be executed

until the last day of Level 3.

It’s called a process for a reason, because there are many steps involved and you

must follow them in the correct order. Eviction is a legal process that must be

conducted via the courts and requires an eviction attorney. A Lessor cannot evict a

Lessee without going through the process of law.

The Applicant (Lessor – Evictor) would need to first serve the Respondent (Lessee –

Evictee) with a Notice to Vacate the Property and explain the grounds upon which

they want to evict, for instance if the person is occupying the property illegally. This

needs to be done within a reasonable time frame. However, when the given period

expires, the Applicant must notify the local council of their intention to evict. The

Applicant has a constitutional obligation to ensure that there is alternative

accommodation provided to the lessees who are being evicted.

The legislation that regulates eviction ought to be in accordance with what the

Constitution provides. Those who have been removed unlawfully or during the

lockdown can seek legal recourse. Since the President announced a national state

of disaster, a part of the regulations is that no individual can be evicted from any land

in the country.

Written by Selena Naidoo Attorneys

With Love,