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 evictions from “hijacked” buildings. We don’t comment on the politics; this article explains the legal process and the roles of the court, Sheriff, SAPS, and municipalities.
The Basics
- PIE Act (19 of 1998): only a court may grant an eviction.
- Execution: the Sheriff executes the order; SAPS keeps the peace.
- Municipal duty: municipality must be notified; courts often request a report on emergency/alternative accommodation.
- Foreign nationals: immigration status does not remove due-process rights under PIE.
- DIY evictions: cutting utilities, changing locks, intimidation, or removals are unlawful self-help.
Owners & bodies corporate — the lawful route
- Document & stabilise: title/mandate, incident logs, arrears, safety reports.
- Engage: settlement/relocation where appropriate.
- Launch PIE proceedings: proper notices on occupiers and the municipality; court applies the “just and equitable” test.
- Execution: if granted, only the Sheriff carries out the order; coordinate safety and humanitarian measures.
If there’s intimidation or a fresh break-in: bring an urgent interdict or spoliation application. Never take the law into your own hands.
Occupiers — minimum rights
You are entitled to written notice, a court hearing, and municipal involvement if eviction could cause homelessness. Attend court and present your circumstances (minors, disability, time needed to move, etc.).
How SD Law helps
- Urgent interdicts & spoliation where harm or dispossession occurs.
- PIE litigation with airtight notices and municipal engagement.
- Execution planning with the Sheriff and, where relevant, humanitarian logistics.
Learn more:
Read our Guide to Evictions for 2026
Cape Town & surrounds — speak to an eviction attorney
Photo by Julia Igosheva on Unsplash
Simon Dippenaar
Founder & Managing Partner, SD Law
Attorney Simon Dippenaar has a BBusSc LLB degree and Professional Diploma in Legal Practice from the University of Cape Town, and is an admitted attorney of the High Court of South Africa. He is the founder and director of private legal practice, Simon Dippenaar & Associates, with offices in Cape Town and Gauteng representing South African and international clients.
Read articlesThe information on this website is provided to assist the reader with a general understanding of the law. While we believe the information to be factually accurate, and have taken care in our preparation of these pages, these articles cannot and do not take individual circumstances into account and are not a substitute for personal legal advice. If you have a legal matter that concerns you, please consult a qualified attorney. Simon Dippenaar & Associates takes no responsibility for any action you may take as a result of reading the information contained herein (or the consequences thereof), in the absence of professional legal advice.