Evicting someone from land or property is not as straightforward as issuing a warning or removing them by force. In South Africa, the right to housing is protected by the Constitution, and any eviction must follow a clear legal process.

The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 — commonly referred to as the Prevention of Illegal Eviction Act or simply PIE — sets out the procedures and requirements for carrying out lawful evictions.

The Act applies when a person occupies land or property without permission and the owner or lawful occupier seeks to regain possession. While it protects the rights of landowners, it also ensures that unlawful occupiers are not evicted arbitrarily or without due consideration of their circumstances. For landlords, property investors, and developers, understanding how the Act works is essential to avoid delays, disputes, or court challenges. For that reason, consulting experienced property lawyers is often the first step in approaching any eviction matter responsibly.

What is the Prevention of Illegal Eviction Act?

The Prevention of Illegal Eviction Act was introduced to regulate the process of evicting unlawful occupiers from land, with the aim of balancing private property rights with the constitutional protection against arbitrary eviction. Before PIE was enacted, evictions could be carried out under the common law, often without safeguards for vulnerable occupants. The introduction of the Act was a direct response to South Africa’s housing challenges and its commitment to human dignity and fairness in eviction proceedings.

The Act prohibits evictions from residential land without a court order, and that order can only be granted once certain conditions have been met. These conditions are designed to ensure that occupiers are given proper notice, an opportunity to be heard, and that the court is able to assess whether the eviction is “just and equitable” under the circumstances.

PIE does not legalise unlawful occupation — rather, it prevents illegal evictions by compelling owners and landlords to follow the correct legal steps when reclaiming possession. This is a critical distinction: an occupier may be in unlawful possession, but the eviction itself can only proceed lawfully if the process laid out in the Act is followed.

When Does the PIE Act Apply?

The Prevention of Illegal Eviction Act applies specifically to situations where a person occupies land or residential property without the express or tacit consent of the owner or person in lawful control. The Act is most commonly invoked in cases involving informal settlements, backyard dwellers, tenants who remain after their lease has ended, or unauthorised occupiers of vacant residential properties.

For PIE to apply, three key elements must be present:

1. The occupier must be in unlawful occupation of the land.
2. The occupation must be of residential property or land intended for residential use.
3. The person seeking eviction must require a court order to remove the occupier.

Importantly, PIE does not apply in every circumstance. The Act is limited to residential land, which means it does not extend to:

• Commercial or industrial premises;
• Agricultural land (where special provisions may apply); or
• Situations where the occupation is lawful (e.g., where a lease is still valid).

The courts have emphasised that PIE applies to unlawful residential occupiers only — and not to lawful tenants or people occupying by agreement, unless and until such agreements have been lawfully terminated. In these cases, landlords must take care to terminate any lease or consent first, before relying on PIE.

Requirements for a Lawful Eviction Under PIE

The Act sets out strict requirements that must be met before a court will consider granting an eviction order. These requirements are designed to protect the rights of unlawful occupiers — particularly where their removal may lead to homelessness or affect vulnerable individuals such as the elderly or children.

At a minimum, the following conditions must be satisfied:

1.    A Court Order is Required

No person may be evicted from land or property without a valid order issued by a competent court. Attempting to evict someone without a court order — including changing locks, cutting off utilities, or threatening the occupier — is unlawful.

2.    Proper Notice Must Be Given

Both the unlawful occupier and the municipality must be given at least 14 days’ written notice of the intended eviction. This notice must be served in a specific format and include details such as:

• The grounds for eviction
• The date and time of the court hearing
• The occupier’s right to appear and oppose the application
• The steps taken to find alternative accommodation (where applicable)

3.    Opportunity to Be Heard

Occupiers must be given a fair opportunity to present their case to the court. This is a critical element of the PIE process and reinforces the principle that evictions must be approached equitably, not forcefully.

4.    The Eviction Must Be Just and Equitable

Even if the occupation is unlawful, the court will only grant an eviction if it is satisfied that doing so would be just and equitable, considering all relevant factors — including:

• The length of time the person has occupied the property
• Whether children, elderly individuals, or vulnerable persons are affected
• Whether alternative accommodation is available
• The conduct of both the owner and the occupier

These safeguards make it clear that the PIE Act does not prevent lawful eviction — but rather ensures that eviction proceedings respect human dignity and constitutional protections.

Notice Procedures and Timeframes

One of the most important procedural steps in an eviction under the Prevention of Illegal Eviction Act is the serving of notice. A failure to comply with these formalities can lead to delays or dismissal of the eviction application — regardless of whether the occupation is unlawful.

The notice must be served at least 14 calendar days before the hearing date and must be properly filed with the court. It must also be served on both the unlawful occupier and the relevant local municipality.

The notice must include:

• The names of the parties involved
• The date, time, and place of the court hearing
• The grounds for the eviction
• A statement that the occupier has a right to appear before the court and oppose the eviction
• A directive to the municipality to provide a report on whether the eviction is just and equitable, and whether alternative accommodation is available

Courts take non-compliance with these requirements seriously. If the notice is not properly drafted, served, or timed, the eviction application may be postponed or struck from the roll entirely.
Given the risk of procedural missteps, it is advisable to engage experienced property lawyers to handle the eviction process and ensure compliance with PIE’s strict notice requirements.

Special Considerations: Long-Term Occupiers and Vulnerable People

The Prevention of Illegal Eviction Act places particular emphasis on protecting vulnerable groups and long-term occupiers. Even if someone is in unlawful occupation, their length of stay and personal circumstances can heavily influence whether the court will grant an eviction.

Some of the key considerations include:

• Occupiers Residing for More than Six Months - If the unlawful occupier has been living on the property for more than six months, the court is required to give special weight to their circumstances. In such cases, the eviction will only be granted if it is just and equitable and if suitable alternative accommodation is available or has been arranged.
• Children, Elderly Persons, and Households Headed by Women - Courts are obligated to protect the interests of particularly vulnerable groups. Where the eviction would result in undue hardship for children, the elderly, or women-headed households, this will factor heavily into the court’s assessment.
• Municipal Obligations - Municipalities are not passive observers in PIE applications. They are expected to play an active role in assisting the court by reporting on the availability of emergency or alternative housing, and on whether the occupiers fall within any priority housing categories.

These provisions reflect the Act’s underlying aim — not to legitimise unlawful occupation, but to prevent homelessness and unjust removals. Courts strive to balance the right of property owners to reclaim possession with the need to protect human dignity and prevent social disruption.

Consequences of Evicting Without a Court Order

Evicting an occupier without a valid court order is strictly prohibited under the Prevention of Illegal Eviction Act. This applies even if the occupier has no legal right to be on the property. Landowners who attempt to forcefully remove occupants — by changing locks, cutting electricity, using threats or physical force — not only violate the Act but also expose themselves to serious legal consequences.

The implications of an unlawful eviction may include:

• Reinstatement of the Occupier - A court may order that the evicted person be allowed back onto the property, even if their occupation was unlawful to begin with. This can cause frustration and delay for the owner, and often makes the situation more difficult to resolve.
• Civil Claims for Damages - An occupier who is removed without due process may institute a claim for damages against the landowner or any party who participated in the unlawful eviction.
• Criminal Liability - In certain circumstances, illegal eviction methods may constitute criminal conduct, particularly where force or intimidation is involved.

For these reasons, compliance with the PIE Act is not optional. Any person with rights in property — whether a landlord, property manager, developer, or private owner — must approach eviction lawfully. Missteps can lead to both financial and reputational harm, regardless of the merits of the case.

Working with Property Lawyers to Ensure Compliance

Navigating eviction proceedings under the Prevention of Illegal Eviction Act requires careful attention to detail and a sound understanding of procedural law. From drafting the correct notices, to serving them in time, to presenting a just and equitable case to the court — every step must be done correctly for the eviction to be granted.

Experienced property lawyers play a vital role in this process. They can:

• Evaluate whether PIE applies to your matter
• Prepare compliant notices and affidavits
• Liaise with the municipality
• Represent your interests in court
• Advise on the likelihood of success and potential risks

For property owners and landlords, this support can make the difference between a smooth recovery of possession and a protracted legal battle. PIE was enacted to protect the rights of all parties — but only when the process is followed properly.

VDM Attorneys – Property Lawyers in Sandton

Evictions must be handled with care and in full compliance with the Prevention of Illegal Eviction Act. At VDM Attorneys, our experienced property lawyers assist landlords, owners, and developers with lawful eviction processes from start to finish. For clear, effective legal guidance, contact our team of attorneys in Sandton today.