Tenant evictions in South Africa: Expert breaks down your rights

702 and CapeTalk’s Africa Melane speaks with Tammy Carte of the South African Human Rights Commission (SAHRC).

Listen below:

Evicting a tenant (legal or illegal) in South Africa is not as simple as changing the locks and calling it a day.

The process is governed by strict legislation, such as the Constitution and the Prevention of Illegal Eviction Act, which landowners are required to follow.  

The Act balances the rights of property owners with the need to protect vulnerable occupants from unfair evictions so that they do not end up homeless. 

It makes it unlawful for someone to be evicted without a court order, and without presenting alternative accommodation.

Landlords must follow the proper vetting process, draft professional leases, and act within the law when renters default or disputes arise. 

“It is very important that all of us empower ourselves with the knowledge of the particular field in which we operate… how to make sure of those services and to know that the law provides for all of us in South Africa.” 

– Tammy Carter, South African Human Rights Commission

Scroll up to the audio player to listen to the discussion.