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, 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.
WILLEM VAN HEERDEN
Rowienne Meyer, Anika Snyman, Kenneth Meyer, Mariska Cloete
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Roeline specialises in Estate Administration. Roeline obtained her B.Com Law, LLB and LLM (Estate Law) degrees at North-West University in 2006, 2008 and 2010, respectively.
After she completed her articles in 2010, she joined a financial institution as an estate administrator.
She joined the team in 2022 and attends to all Estate matters.
Aleisha grew up in Durban and relocated to the Western Cape to attend the University of Stellenbosch where she completed a Bachelor of Arts Degree in Social Dynamics from 2011-2013. Thereafter she obtained her LLB degree through the University of the Free State with distinction from 2014-2017. She joined Van Wyk Van Heerden in 2018 as candidate attorney and gained experience in various fields of the law, with a special interest in Property Law and the Administration of Deceased Estates. After qualifying as an Attorney and Conveyancer during March 2020 Aleisha joined the team assisting in the Conveyancing and Estates Departments of the firm.
Gaynor obtained her LLB degree in 2012 from the University of Stellenbosch. She then completed her articles at a law firm in the North West Province where she gained experience in General Litigation, Family Law and Debt Collection. In 2016 she moved back to the Western Cape and finally joined the firm in November 2018 where she currently heads up the Debt Recovery Department.
Antionette obtained her LLB degree, with distinction, in 2015 at the North-West University of Potchefstroom.
She completed her articles at Van Wyk van Heerden Attorneys in 2017, and currently practices as an attorney in the litigation department. She completed her conveyancing examination in 2018 and will be admitted as a conveyancer in 2019. Antionette handles a wide range of litigation matters, including company, property, estate, family and insolvency law.
Leonette completed her studies at the University of Pretoria and obtained her LLB degree in 2009. She practised in Rustenburg for 8 years and specialised in debt Recovery, debt review and related matters.
Leonette joined the firm in 2017 and manages all correspondent work.
Carla grew up in the Free State and decided to relocate to the Cape Winelands to study law at Stellenbosch University. She obtained her LLB degree in 2002 and furthered her studies at the University of Cape Town’s School for Legal Practice where she received the Dean’s award for the best student in Business Management and Administration.
She joined the litigation department at Van der Spuy & Partners as a candidate attorney where-after she decided to pursue a career in property and commercial law, specializing in sectional title schemes, security estates and developments, servitudes, subdivisions and consolidations as well as commercial contracting.
Carla heads up the Conveyancing Department of the firm and mainly assists estate agencies and developers and is actively involved in the marketing of the company.
Charl obtained his law degree at the North West University in 2008. And finalised his articles at Van Velden & Duffey Attorneys where after he practised at the same firm and became a director in 2014.
Charl was recruited by Van Wyk Van Heerden in 2017 to strengthen and assist our growing litigation department. He handles a wide range of litigation matters including company, family, insolvency, banking and delictual law.
"Quick, practical and commercial resolution is first priority"
Willem van Heerden is a Director at Van Wyk Van Heerden in the dispute resolution, litigation and mediation department. He specialises in contractual disputes, company law, shareholder issues, evictions, family law, banking law and insolvency law. He provides sound strategic advice and direction on all commercial and company issues.
He is an accredited commercial mediator as well as a business rescue practitioner.
He has encouraged the appropriate use of mediation in the resolution of all disputes.
He has acted for various international and cross border trade, transport, agricultural and construction companies. Willem has acted for major banks, insurance houses, leading retailers, property groups as well as high network of entrepreneurs and individuals. He serves as a trustee on a number of trusts.
Willem has written various articles and is a co-author of a published legal book on farm evictions.
Nazlee Abrahams grew up in Paarl and obtained the degrees B.Sc. and LLB from the University of Stellenbosch in 1992 and 1997 respectively.
She commenced with her articles at Van Wyk Fouchee in 1998 and was admitted as an Attorney with right of appearance in the High Court in 2000 after which she consequently became a Director at the firm.
In October of 2002 she was admitted as Conveyancer and also Notary Public in 2006. She currently manages Bonds registrations in the Conveyancing Department and further specialises in family & marriage law, drafting of wills, administration of estates and all notarial work.
Nazlee makes a valuable contribution in pro-bono work when the opportunity arises and invests a considerable amount of time in community service. She also serves as the current Chairperson of the governing body of William Lloyd Primary.
Anville specialises in Property Law, General Commercial Law, Estate and Tax Planning, Administration of Deceased Estates and Trust Law. Through the years, he contributed to the community life in Paarl. He was a founding member of the Drakenstein Rotary Club in Paarl, founding member of the Paarl Attorneys Association, served as Captain, President and Chairman of the board of the Paarl Golf Club and has played a major role in establishing the Boschenmeer Golf and Country Estate.
Anville obtained his BA LLB degree at the University of Stellenbosch in 1974. He served his articles with Silberbauers Attorneys in Cape Town and joined Solomon Miller, Hymie Maisel and Willem Gaum in Paarl in May 1977.
He is an experienced and seasoned attorney who commenced his career in litigation and migrated into Commercial, Trust and Tax work. He obtained his post graduate diploma in Tax Law at the University of Cape Town, with distinction, in 1993.
Anville celebrated his 40th year in practice in 2017.