Articles > Eviction

October 20, 2025

Evictions from “hijacked” buildings: what the law actually requires in South Africa (PIE, court orders, SAPS & municipalities)

Eviction

Hijacked building evictions process diagram

By Simon Dippenaar • 20 October 2025 Summary Only a court can authorise an eviction in South Africa. Private groups, landlords, managing agents, security companies, or politicians cannot lawfully “evict” anyone. This neutral explainer sets out what the law requires, regardless of politics or immigration status. A recent media report referenced politically charged calls for […]

October 3, 2025

Land Court: Mediation is now mandatory before ESTA evictions — what this means for landlords and occupiers (2025)

Mediation required before ESTA eviction applications — Land Court ruling (2025)

“Good-faith negotiations” are no longer enough. Here’s how to comply — and how to protect your rights. What happened — the short version A full bench of the Land Court has clarified that mediation is mandatory before a landowner may apply for an eviction under the Extension of Security of Tenure Act (ESTA). The judges […]

August 23, 2023

Commercial property eviction law

What you need to know if you own or rent commercial property If you’re a business owner, it’s very likely you either own or rent a commercial property. Whether you are landlord or tenant, you need a solid understanding of commercial eviction laws to protect your rights and interests. Commercial property is not governed by the […]

May 24, 2023

The role of mediation in resolving eviction disputes

How mediation can resolve disputes and keep the case out of court Rental housing is a minefield. Tenants and landlords alike renege on the commitments they make in the lease agreement. Tenants stop paying rent, landlords refuse to return deposits. Tenants damage property, landlords unlawfully change locks. Tenants sublet without the landlord’s consent, landlords fail […]

September 28, 2022

Forced removals — the laws that determine land eviction in South Africa

Reprinted from the Daily Maverick, by Geoffrey Allsop – 2022-09-27 We explain in detail what the courts have ruled Since the Covid pandemic began, occupations of public land by destitute people have increased in various parts of the country. Below, we explain what the law currently says about when the government can lawfully remove people from […]

October 3, 2021

Cape Town passes unlawful occupations by-law, despite protest

Image of man jogging next to a homeless person's tent on the street

Reprinted from Moneyweb, by Liezl Human (GroundUp) – 2021-10-01 Housing activist groups have condemned the Unlawful Occupations By-law which was passed by the City of Cape Town on Wednesday, saying that it will criminalise people in need of housing and those living in shacks. An amended Streets, Public Places and Prevention of Noise Nuisances By-law […]

March 6, 2021

Adjusted Alert Level 1 – the state of play regarding evictions

What is permitted under the new, “adjusted” Alert Level 1 It’s hard to keep up. The regulations for each Alert Level seem to vary each time a level is announced. Adjusted Level 3 was not the same as Level 3 first time round, and the same appears to hold true for Adjusted Level 1. So […]

February 19, 2021

How to evict a tenant without being sued

Image depicting a distressed man dealing with an eviction

Follow these 10 dos and don’ts for eviction and avoid litigation We often hear from clients: “I need to evict my tenant. But I’m worried I’ll be sued.” While we’re nothing like the US in terms of readiness to sue, society is becoming more litigious (which means “tending to take legal action to settle disputes”). […]

September 8, 2020

Online petition on evicting domestic abusers got court ruling wrong

Judges emphasise that procedural fairness must be upheld Reprinted from groundup.org.za, by Tania Broughton – 2020-09-04 Three appeal judges in the Western Cape provincial division have laid down guidelines on how eviction orders, in domestic violence matters, should be dealt with. Photo: Brian Turner via Flickr (CC BY 2.0) A magistrate ruled that a husband accused of […]

September 8, 2020

Lockdown rights enforced for residents of informal settlements in Cape Town

The power of social media is immense. So much more than a mere communication tool, it’s a cornerstone of citizen journalism and can be one of the most effective ways in which ordinary people can tell important stories as they happen. What’s more, content posted on social media can be the grounds for legal action […]

August 19, 2020

Evictions in Alert Level 2

What is the state of play regarding evictions? Hurrah! We made it to Alert Level 2! The drinkers and smokers will be particularly happy, but so will the gym-goers, those with family in another province, everyone who wants to see their friends, and…landlords. Landlords? Not so fast. There is some relaxation of the rules governing […]

May 29, 2020

Life: Working, pivoting and surviving under lockdown in SA

Reprinted from the Daily Maverick. By Alan Van Gysen, 27 May 2020 We thought this article was worth sharing. Nine weeks ago, we said, “we’re all in this together”. As the lockdown has unfolded, it has become clear that nothing could be further from the truth. This article highlights the plight of some Western Cape […]

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