Evictions

Residential evictions fall under one of two pieces of legislation: the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) or the Extension of Security of Tenure Act (ESTA).

Identifying which Act applies to your situation is the first and most critical step. Under ESTA, only a Land Claims Court or Magistrates Court has jurisdiction. Under PIE, you approach either the Magistrates Court or the High Court. Applying the wrong Act will cause the matter to fail, regardless of how strong your case is.

The key factors are: the type of land, the nature of the occupants' consent (if any), and their income levels, among others. We've successfully represented clients in both PIE and ESTA evictions and we'll make sure you're on the right footing from the start.