This urgent eviction checklist is designed for urgent eviction orders under PIE section 5. Urgent eviction is evidence-driven and procedure-heavy. Most failures happen because the papers are emotional but the evidence pack is thin, or service is defective.
Use this checklist to build a clean evidence pack, draft stronger affidavits, and avoid the common procedural errors that cause urgent eviction applications to be struck from the roll.
Updated for 2026. This is general information, not legal advice for your specific facts.
1) Confirm you are actually dealing with PIE (and that urgency is real)
- Is the occupation unlawful (no consent / consent terminated)?
- Is PIE applicable (unlawful occupation of land/building) rather than a purely contractual ejectment?
- Can you prove urgency on the facts (serious harm or imminent prejudice if the occupiers remain)?
- Is there a safer alternative remedy (interdict, protection order, criminal complaint) that should be used alongside eviction?
2) Ownership / authority documents
- Title deed or proof of ownership
- If a company/trust/body corporate: resolution authorising the application
- If an agent/representative acts: written mandate / authority
- Property description (erf/unit details) and physical address
3) Chronology (this is what judges read first)
- Date occupation began (or when consent ended)
- How the occupation expanded or escalated
- Key incidents (damage, threats, intimidation, unlawful conduct)
- Steps taken (warnings, notices, security action, SAPS incidents)
- Why waiting for ordinary eviction will cause serious harm
4) Evidence pack (objective proof beats emotion)
- Photos and videos (dated where possible)
- Security reports, incident logs, and access control records
- Neighbour affidavits / employee affidavits / managing agent affidavits
- Correspondence and written warnings to occupiers
- SAPS incident references / case numbers (where applicable)
- Proof of damage / repair quotes / contractor reports (where relevant)
5) Occupier identification (avoid “wrong respondents”)
- Names and ID numbers where possible
- If unknown: clear description (adult occupiers, leaders, numbers, structures)
- Details of households (children, elderly, vulnerable persons) where known
- Any known representatives, committees, or community leaders
6) The affidavit pack (what your founding affidavit must cover)
- Urgency: why the matter cannot wait and why ordinary process is inadequate
- Unlawfulness: why occupation is unlawful and when consent ended (if relevant)
- Harm/prejudice: what serious harm is occurring or is imminent
- Just and equitable relief: why eviction is justified in the circumstances
- Practical relief: what order you want and how it will be implemented
- Service plan: how and where papers will be served and on whom
7) Service checklist (procedural errors kill urgent matters)
- Correct court and jurisdiction
- Correct respondents cited (or proper description if unknown)
- Service on occupiers in a manner the court accepts (sheriff / directions)
- Service on relevant authorities where required (municipality and others as applicable)
- Proof of service filed correctly and timeously
8) Common mistakes that cause urgent eviction applications to fail
- Calling a matter urgent without proving urgency on the facts
- Weak evidence (no objective proof of harm or risk)
- Defective or incomplete service
- Wrong respondents or vague identification of occupiers
- Relief that is vague, overbroad, or unenforceable
Next step: use the main urgent eviction order guide
For the full process, requirements and timelines, start here: urgent eviction order.
For timeframes and what causes delay, see: urgent eviction timeline.
For general official information, see: justice.gov.za.