Municipalities’ Duties During Eviction Proceedings

In terms of section 4(7) the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE), courts must consider whether an eviction would be just and equitable. To make this determination, municipalities are required to place all relevant information before the court, particularly where vulnerable occupiers may be rendered homeless. This gives effect to Section 26 of the Constitution of South Africa, which provides that:

26. (1) Everyone has the right to have access to adequate housing.

(2) The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right.

(3) No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.

Municipalities have a duty to meaningfully engage with affected occupiers and to inform the court about the availability of alternative or emergency accommodation, in the event that the occupiers are unable to address their housing emergency from their own resources.

Courts have repeatedly emphasised that eviction is not merely a private dispute but a matter with significant constitutional implications, including the right of access to adequate housing. Municipal participation ensures that these rights are balanced against property owners’ rights in a fair and lawful manner.

Understanding the role of municipalities is essential for all parties involved in eviction matters and can significantly impact the outcome of proceedings.

The content does not constitute legal advice, are not intended to be a substitute for legal advice and should not be relied upon as such. Kindly contact us on info@cklaw.co.za or 021 556 9864 to speak to one of our attorneys.