EVICTION PROCESS FOR UNLAWFUL OCCUPIERS

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In order to evict unlawful occupiers the owner or person in charge of the land must comply with the provisions of PIE, the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, more specifically, the provisions of section 4.

Section 4(2) of the Act requires service of a written notice of the eviction proceedings on the unlawful occupier. However, the applicants must first bring an ex parte application for a directive of manner and form of the notice provided for in s.4(2) of the Act. This must be done prior to the issue of this notice. This means that the contents and manner of service of the notice has to be authorised by the Magistrate in Chambers. Only the plaintiff or his attorney can appear before the ex parte Magistrate for the authorisation of the Notice.

When the Magistrate has granted the application, the notice must be served upon the unlawful occupiers and municipality and filed at the court. After this has been done a period of 14 court days (excluding Saturdays, Sundays and public holidays) must be granted to the occupants in order for them to prepare their defence.

After the 14 court days have expired, both the attorney for the applicants and the respondents have to appear in court. At this stage, the court has to determine the efficacy of the notice, i.e. whether the notice came to the attention of the occupier and whether it contained sufficient information to properly alert the occupants to the nature and consequences of the procedures and inform them of their rights in respect of the conduct of the proceedings.

If the court is satisfied that the service on the respondents has been effective, the court can proceed to the next step.  The respondents must give reasons why they are opposing the application. If the court comes to the conclusion that the requirements of s.4 have been complied with, it must grant an order for eviction.

It is in the discretion of the court to determine the date that the occupants have to vacate the premises.  It is furthermore in the discretion of the court to determine a date when the occupants can be evicted by the Sheriff if they failed to vacate on the given date.

Trust the abovementioned clarifies the process to be followed.