LLexiSA

Property Law

Evictions and the PIE Act

No one may be evicted from their home without a court order — section 26(3) of the Constitution. The PIE Act (Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998) sets the procedure: written notice, court application, and a justice-and-equity assessment considering the rights of vulnerable occupiers.

Key facts

  • Self-help evictions (changing locks, removing doors, cutting utilities) are unlawful and criminal.
  • A court must consider whether eviction is just and equitable, including the availability of alternative accommodation.
  • Occupiers of more than 6 months trigger a duty to consider municipal alternative accommodation.
  • ESTA (not PIE) governs occupiers on rural and farm land.

The law that applies

  • PIE Act 19 of 1998 — ss 4–6
  • Constitution, 1996 — s 26(3)
  • Rental Housing Act 50 of 1999 — ss 4–5 (unfair practices, Rental Housing Tribunal)

Leading cases

Port Elizabeth Municipality v Various Occupiers 2005 (1) SA 217 (CC)

Courts must actively manage evictions with grace and compassion, balancing property rights and homelessness.

City of Johannesburg v Blue Moonlight Properties 2012 (2) SA 104 (CC)

Municipalities must provide temporary emergency accommodation to occupiers evicted into homelessness.

Practical steps

  1. Landlords: cancel the lease validly, then serve a s 4(2) PIE notice authorised by the court.
  2. Apply to the magistrates' court or High Court for an eviction order.
  3. Tenants: oppose by raising personal circumstances and accommodation needs.
  4. Only the sheriff may carry out an eviction, on the terms of the court order.

Frequently asked questions

My landlord changed the locks because I owe rent. Is that legal?

No. That is an unlawful eviction (spoliation). You can bring an urgent spoliation application to be restored to occupation, even if you owe rent. Only a court order can authorise an eviction.

How long does a lawful eviction take?

Typically 2–4 months for an unopposed PIE eviction of a former tenant, longer if opposed or if alternative accommodation issues arise.

How does this apply to your situation?

Ask LexiSA. It will gather your facts, apply the law above, and give you a cited assessment of your position — free.

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This guide is legal information, not legal advice, and may not reflect amendments after its last review. For advice on your specific circumstances, consult a practising attorney.