Will a Court ever refuse to grant an eviction order? Yes, the court will apply Sections 4(6) and 4(7) of PIE and will decide whether, on the facts before it, an eviction order would be just and equitable. Section 4 (6) of PIE states that if an unlawful occupier has occupied the land in question […]
Tenant Eviction Rights
Can a Landlord turn off your electricity or change the locks if you default on your rental payment? No, the provisions of PIE are available to a landlord in order to deal with any landlord/tenant rental disputes. If a landlord does turn your electricity off or change the locks, you are entitled to launch a […]
The Eviction Process
An Outline of the South African Eviction Process Section 4(7) of the Prevention of Illegal Eviction Act (PIE) states that if an unlawful occupier has occupied land for more than six months at the time when eviction proceedings are initiated, a court may grant an order for eviction if it is of the opinion that […]
Applethwaite Farm v Patrick Tshongweni and Theewaterskloof Municipality
In this reported judgment, Le Roux Attorneys successfully represented Applethwaite Farm in evicting Mr Patrick Tshongweni and all those holding title under him from the farm in terms of Section 4 of the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act No 19 of 1998 (‘PIE). Mr Tshongweni opposed the application, […]



