Evictions & Review Applications
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Evictions & Review Applications
List of services
- PIE Act compliant eviction applications
- Urgent eviction orders and spoliation applications
- Rental Housing Tribunal representation
- Commercial lease termination and disputes
- Promotion of Administrative Justice Act (PAJA) reviews
- Judicial review of government and municipal decisions
Procedural Precision in Property Law
Evictions & Review Applications FAQ
What Laws Govern Evictions in South Africa?
Evictions in South Africa are governed by a layered framework of legislation rooted in the Constitution, which guarantees everyone the right of access to adequate housing and protection against arbitrary eviction. The two primary statutes that regulate the eviction process are:
- Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act) 19 of 1998 – Governs most residential evictions and strictly prohibits self-help evictions; requires a court order in all cases
- Extension of Security of Tenure Act (ESTA) 62 of 1997 – Applies specifically to persons living on agricultural land with the consent of the landowner
In all cases, no person may be evicted from their home without a valid court order — landlords who attempt self-help methods such as changing locks, cutting utilities, or removing belongings face severe legal consequences including spoliation orders.
What Is the Step-by-Step Eviction Process?
The eviction process under the PIE Act follows a structured, court-supervised procedure:
- Cancel the lease / Issue notice to vacate – The landlord must lawfully cancel the lease agreement due to breach or expiry and provide the occupier a reasonable period to vacate; after this date, occupation becomes “unlawful” — triggering the PIE Act
- File a court application – Papers including a Notice of Motion, founding affidavit, lease agreement, breach notices, and proof of service are lodged at the Magistrate’s or High Court
- Court-authorised PIE notice (Section 4(2) hearing) – A judge authorises the form and manner of service; the Sheriff must serve the notice on the occupier and the municipality no less than 14 days before the main hearing date
- Main hearing (Section 4(1)) – The court applies the “just and equitable” test, considering the occupier’s circumstances, vulnerability, and whether alternative accommodation is available
- Eviction order and writ of ejectment – If granted, the court sets humane vacate timelines; if the occupier still refuses to leave, the Sheriff — assisted by SAPS if necessary — executes the order
What Will a Court Consider Before Granting an Eviction Order?
Courts do not automatically grant eviction orders — they must be satisfied the eviction is just and equitable under the circumstances. Specific factors a court weighs include:
- Whether the occupier is genuinely an unlawful occupier and the landlord followed the correct PIE procedure
- The rights of vulnerable groups — the elderly, children, people with disabilities, and female-headed households receive heightened consideration
- The duration of occupation — if the occupier has lived on the property for more than 6 months, the court must investigate whether alternative accommodation is reasonably available before granting the order
- Any risk of homelessness that the eviction would create, and whether the municipality has been engaged
What Is a Review Application in Eviction Matters?
A review application is a formal legal process used to challenge a decision made by a lower court, tribunal, or official — on the grounds that the decision was unlawful, procedurally unfair, or unreasonable. In the eviction context, review applications are commonly used to:
- Challenge a sheriff’s refusal to execute a lawful eviction order — a refusal by a sheriff to perform a legally required act is subject to review by the relevant court
- Challenge magistrate court eviction orders that were granted without proper compliance with PIE Act notice requirements
- Review municipal decisions that affect housing rights, particularly in cases involving large-scale informal settlement removals
In the Land Claims Court, eviction orders automatically trigger an automatic review mechanism — at least 15 days must elapse after judgment before execution to allow this review process to be conducted.
How Long Does the Eviction Process Take?
The duration of the eviction process varies significantly depending on whether the matter is opposed or unopposed. For an unopposed eviction in the Magistrate’s Court, the process can take as little as 4 to 8 weeks from filing to a court order, assuming all notices are properly served and no delays occur.
An opposed eviction — where the occupier files a Notice of Intention to Oppose within the 10-day response window — can extend the process to 3 to 6 months or longer, particularly in the High Court or where vulnerable persons are involved.
Common causes of delay include defective PIE notices, incomplete founding affidavits, sheriff service complications, and postponements requested by the municipality. Landlords are strongly advised to engage a property law attorney from the outset to avoid procedural errors that restart the entire process.
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