Evictions (Esta & Pie)
South African Commercial evictions are regulated by the common law. Therefore, tenants of commercial property do not enjoy the protection of PIE or ESTA. The actual use of the property is the determining factor in establishing whether a commercial eviction applies to the tenant. Commercial eviction proceedings can be brought by way of action or application. Magistrate Court proceedings will be in the form of an Automatic Rent Interdict Summons. High Court proceedings may be brought by way of either action or application. The proceedings are founded in civil litigation and are based on the terms and conditions of the lease agreement.
The eviction of unlawful occupiers of urban private property or persons occupying rural land, and who earn in excess of the prescribed amount in terms of ESTA, are regulated by the Prevention of Illegal Eviction and Occupation of Land Act, 19 of 1998. PIE was enacted to prevent unlawful and arbitrary evictions, and sets out the eviction procedure that should be followed when evicting residential tenants, including illegal squatters and defaulting tenants. We offer a comprehensive service in property related disputes through ensuring an integrated and specialised approach to rental/housing disputes, property related debt recovery and court procedures, as well as eviction proceedings. We have experience in Alternative Dispute Resolution and where appropriate aim to resolve conflict through settlement agreements and/or alternative accommodation relocation agreements. We have a successful track record in the eviction of informal settlements, including effective case management with various role players in provincial and local government, and alternative dispute resolution.
ESTA (Farm) Evictions
South African Farm evictions are regulated by the Extension of Security of Tenure Act 62 of 1997 and are brought by way of an application. ESTA was enacted to prevent both unfair and arbitrary evictions, and specifically to safeguard and regulate the rights and security of tenure of both agriculture land owners and occupiers who live on land in rural and peri-urban areas.
The Act regulates the conditions of residence on rural land, conditions and circumstances under which occupation rights of occupiers can be terminated, and the legal procedure to be followed by the land owner before an eviction order is granted. It further regulates the conditions under which alternative dispute resolution can be used to reach relocation and/or alternative accommodation settlements, through a collaborative effort with local government and the Department of Land and Rural Development.
The Act prescribes both a stringent procedure and constitutionally sound approach. Our team specializes in ESTA related matters and aims to find a solution that is both context specific and practical. We have experience in both Magistrates and Land Claims Court litigation, as well as alternative dispute resolution.
Contact Hein Otto