Eviction Lawyers South Africa | Le Roux Attorneys Inc.

  • About Us
    • The Team
    • Sitemap
  • Evictions
    • Commercial Evictions
    • Residential Evictions
    • Farm Evictions
    • Locations
  • Eviction Law
    • ESTA
    • PIE
    • Land Lords Rights
    • Tenants Rights
    • Frequently Asked Questions
    • Why Hire A Lawyer
  • Legal News
  • Contact Us

Tel: +27 21 286 0057

Home » Legal News » Will a Court ever refuse to grant an eviction order?

June 19, 2015 By Wesley Mathew Leave a Comment

Will a Court ever refuse to grant an eviction order?

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 for less than six months at the time when the proceedings are initiated, a court may grant an order for eviction if it is of the opinion that it is just and equitable to do so, after considering all the relevant circumstances, including the rights and needs of the elderly, children, disabled persons and households headed by women.

Section 4(7) states that if an unlawful occupier has occupied the land in question for more than six months at the time when the proceedings are initiated, a court may grant an order for eviction if it is of the opinion that it is just and equitable to do so, after considering all the relevant circumstances, including, except where the land is sold in a sale of execution pursuant to a mortgage, whether land has been made available or can reasonably be made available by a municipality or other organ of state or another land owner for the relocation of the unlawful occupier, and including the rights and needs of the elderly, children, disabled persons and households headed by women.

Therefore, after assessing the above factors, a court may well decide that it would not be just and equitable to grant an order of eviction.

Will a Court ever refuse to grant an eviction order?

Related

Filed Under: Legal News

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Company Profile

Le Roux Attorneys Inc. is a Cape Town based law firm specializing in residential, corporate and farm evictions. We are members of the Law Society of the Cape of Good Hope as well as the Attorneys’ Fidelity Fund, guaranteeing clients both expert assistance and the peace of mind that all funds held in trust are securely underwritten by a certified statutory body. Le Roux Attorneys' immigration division trades as SAvisas.com and assists companies and individuals with their South Africa visa requirements.

  • Facebook
  • LinkedIn
  • Twitter

Contact Details

Telephone
+27 21 286 0057

Email
evictions@lr-inc.co.za

Address
1st floor,
Cube Workspace
Floor Icon Building
24 Hans Strijdom Avenue
Cape Town
8000

Need an Eviction Lawyer?

Copyright Le Roux Attorneys Inc.© 2025 · Log in