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THE PREVENTION OF ILLEGAL EVICTION FROM & UNLAWFUL OCCUPATION OF LAND ACT 19 OF 1998 (“PIE ACT 19/1998”)

The purpose of the Act is to, inter alia:
  • Prohibit unlawful evictions,
  • Prescribe procedures for the eviction of unlawful occupiers of land.
The Act applies in respect of all land throughout South Africa and consists of 13 sections.

In essence, the Act provides for the procedure to be followed by an owner of land or a person in charge of land to evict unlawful occupiers from that land. The procedure is onerous and requires legal expertise. The eviction orders that may be granted are dependent on, inter alia, the length of time which the unlawful occupier has been in occupation of the land.

The Act also provides for an urgent application to be brought by an owner of land or a person in charge of land to evict unlawful occupiers from that land. This is a special remedy which can be utilized in prescribed circumstances.

Upon an order being granted to evict unlawful occupiers, the court may make an order for the demolition and removal of buildings and structures that were occupied by the unlawful occupiers on the land in question.

In addition to the prescribed procedure available to private persons, the Act also provides for the State to evict unlawful occupiers in certain circumstances.

The Act furthermore criminalizes the receipt or solicitation of consideration in regard to unlawful occupation of land and conduct complicit therein. The prohibition extends to the arrangement, organizing and permitting of persons to occupy land without the consent of the owner or person in charge of that land.

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AA SLAMAT - Attorney-at-Law
B.COM (Law & Economics), LL.B. (Mercantile Law), LL.M. (Commercial Contracts & Commercial Law), RPE 2004 (South African Institute of Financial Markets)

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