The Basics of PIE and Some Background

Here’s your six steps, simplified for practical use and easy readability.

The eviction process can only be started by the property owner or person in charge of the land.

You’ll be working under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE), Act 19 of 1998. Here’s what to know:

PIE only applies to dwellings, meaning properties where people live—houses, apartments, etc.

PIE only applies to unlawful occupiers, which refers to persons who live on your property without permission or any legal right to do so.

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1. First Step: Send a Notice to Vacate

Before rushing to court, the process starts with a friendly (or not-so-friendly) reminder:

If there’s a lease agreement, the owner should send a notice giving the occupier 10 days to fix any lease breaches. This is referred to as a notice of breach. In practical terms, it is a letter informing the occupier that they must comply with the lease terms within 10 days, or else the lease will be canceled.

If the breach isn’t fixed by the end of the 10-day period, a written notice should be sent, telling the occupier they’re now “unlawfully occupying” the property and should vacate by a specific date.

If they still don’t leave… time for the next step!

2. The Eviction Application

To apply for an eviction order in court, you’ll need to submit a detailed affidavit, which should include:

• Your details, why you’re entitled to the land, and the occupier’s details.
• The grounds for eviction and a full description of the property.
• Any factors that make the eviction necessary and fair, especially if the occupier has been there for more than six months.

Legal assistance is recommended for this step, as it can save time and ensure proper procedure.

3. Service Process

Getting the court’s attention isn’t enough—you must give proper notice to the occupier and the municipality in charge. Here’s how:

• Serve Notice (14 Days Before Hearing): Both the occupier and municipality must be notified at least 14 days before the eviction hearing.
• Interlocutory (Ex Parte) Application for Service: If traditional service isn’t practical, the court may approve alternative ways, known as “substituted service.”

Contents of the Notice:

• State that eviction proceedings are underway.
• Clearly mention the court date, time, and location.
• List the grounds for eviction.
• Inform the occupier of their right to appear, defend, and apply for legal aid if needed.

4. Court Decision: Just and Equitable Standard

After meeting all procedural requirements, it’s time for the court to assess whether eviction is “just and equitable.” Here’s what they consider:

• Less than Six Months: If the occupier has been there for less than six months, the court balances factors like the occupier’s needs, rights of vulnerable people, and any other relevant circumstances.
• More than Six Months: Here, the court may require proof that relocation options are available, either through the municipality or other landowners.

5. The Final Eviction Order

If the court is convinced, it will issue an eviction order. Here’s what happens next:

• Eviction Date: The court sets a fair date for the occupier to vacate.
• Enforcement Date: If the occupier doesn’t vacate by the set date, the court allows enforcement on a specific day.

In certain cases, the court may order the demolition or removal of structures on the property as well.

6. Enforcement of the Order

If all else fails and the occupier refuses to leave, the eviction order will be enforced. The Sheriff of the court, empowered by the eviction order, will ensure that the eviction takes place according to the court’s instructions.

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Conclusion and Recap

Give the unlawful occupier a 10-day notice to address any lease breaches, followed by an eviction notice if they fail to comply. Submit a detailed affidavit to the court, covering all necessary grounds for eviction and relevant personal circumstances. Notify both the occupier and the local municipality at least 14 days before the court hearing, ensuring all procedural requirements are met. The court will weigh all factors, including the occupier’s circumstances, to determine whether eviction is fair and reasonable. If granted, the court’s eviction order sets dates for vacating and enforcement, with the Sheriff overseeing compliance.