(This article is for general informational purposes only and does not constitute formal legal advice)
When someone is occupying a property illegally—whether it’s a tenant who stopped paying or a group of squatters who moved onto a vacant lot—South African law is very specific about how you can get them out.
Here is a guide that distinguishes between these two groups and explains the strict timelines you must follow.
1. The Big Rule: The PIE Act
Everything starts with the PIE Act (Prevention of Illegal Eviction Act of 1998). Our law is designed to stop people from being kicked out unfairly. Because of this, "self-help" (taking the law into your own hands) is illegal. Whether it’s a non-paying tenant or a squatter, any eviction must go through a court.
2. Squatters vs. Tenants: Knowing the Difference
The law treats these two groups differently because of how they entered the property.
Nuisance or Non-Paying Tenants: These people entered legally with a lease. To get them out, you must first cancel the lease. If they are breaking rules (noise or non-payment), the Consumer Protection Act usually requires you to give them 20 business days to fix the problem before you can cancel the agreement.
Squatters: These people moved in without any permission. There is no lease to cancel, so you move straight to the eviction process.
3. The Critical Timelines: Why Speed Matters
In South African law, the "clock" determines how much power an owner has.
The "Golden Window" (First 24 to 48 Hours)
If you catch squatters in the act of breaking in or putting up a shack, you can use "Counter-Spoliation." This means you can use necessary force to stop them before they settle in.
The Goal: Stop them before they put a roof on the structure or move in furniture (beds/stoves). Once they are settled, you can no longer remove them yourself.
The "Established Home" Phase (After 48 Hours)
If they have been there for more than 2 days, they have "established a home." You can no longer use force. You must now go to court to get a PIE Act eviction order.
The 6-Month Threshold
Under 6 months: The court decides if it’s fair to evict based on the facts.
Over 6 months: The court has a stricter duty. They may ask the Municipality to provide a report on where these people will go if they are evicted. This can make the process take much longer.
4. What Counts as a "Nuisance"?
If you are evicting someone because they are making life a nightmare for neighbors, the court won't care about a single loud party. Based on the case of Allaclas Investments v Milnerton Golf Club, the behavior must be:
Persistent: It happens over and over.
Serious: It’s dangerous or affects health.
Unreasonable: It exceeds what a normal neighbor should have to tolerate.
5. Lessons from the Court (Case Law)
Proof is Everything: In Changing Tides 17 v Mkize, the court said you can’t just say "they are noisy." You need sworn statements (affidavits) from neighbors, photos, or police reports.
The Shift in Burden: In Wormald NO v Kambore, the court said once the owner proves they own the place and the lease is cancelled, it is up to the tenant to prove why they shouldn't be kicked out.
6. The 14-Day Mandatory Wait
Once your legal team starts the court process, they must serve a Section 4(2) Notice. By law, this notice must be served at least 14 business days before the court hearing. This is a "cool-off" period to allow the occupiers to find a lawyer.
7. Whatever you do, DO NOT do this!
It is tempting to cut the lights, turn off the water, or take off the roof to force people out. This is called "spoliation." If you do this, the tenant/squatter can get a court order to force you to restore services immediately and make you pay their legal fees regardless of how badly they have behaved.
Pro-Tips for Neighbors
Act as a Group: If a property owner is ignoring squatters, neighbors can legally sue the owner for allowing a nuisance.
Keep a "Grievance Log": Note down every date and time of a nuisance.
Get Case Numbers: Every police call needs a case number. A pile of police reports is gold in an eviction court.
(This article is for general informational purposes only and does not constitute formal legal advice)