Property evictions 101: law lecturer at University of the Western Cape shares legal guidance

CapeTalk's Clarence Ford speaks to Doctor Nkanyiso Sibanda, law lecturer at the University of the Western Cape (UWC).

The Constitution and the Prevention of Illegal Eviction Act both define an eviction as a "process whereby a person is deprived of occupation of a building or structure or land they occupy," Sibanda explains.

The period of an eviction starts when a court grants an order for a person's eviction. 

For example, if you have someone occupying your property but for some reason no longer want them occupying your property, so you approach them and ask them to leave, but they refuse. The law says, at this time, you'll need to go to court. It will then grant an order giving permission for someone's eviction. 

There might be a greater burden on property owners when it comes to eviction, says Sibanda.

"One can say, tenants are protected in a sense and there's a greater burden on property owners because they have more to prove and have more to demonstrate, they have to go to court... So to that extent, it favours tenants but on the other hand, it does not mean that property owners are not left without any recourse or without any protection in law... The law is clear, if a person becomes an illegal occupier, the owner of the property has a right to get them evicted."

- Doctor Nkanyiso Sibanda, law lecturer - University of the Western Cape (UWC)

Sibanda also explains what an "unlawful occupier" is in the context of property evictions.

"If a contract comes to an end, the person becomes an unlawful occupier or if the person who gave them consent to occupy property and that person withdraws consent, that person becomes an unlawful occupier." 

- Doctor Nkanyiso Sibanda, law lecturer - University of the Western Cape (UWC)

"There are two types of unlawful occupiers, those that can hijack property and live there without any permission and those who occupy property on the basis of a contract or agreement, the latter group becomes an unlawful occupier when the contract comes to an end or if the permission they were given in the beginning comes to an end."

- Doctor Nkanyiso Sibanda, law lecturer - University of the Western Cape (UWC)

"The reason why there must be a court order is because a court has to ascertain whether the interest of justice permits the eviction of any person.The whole idea is to stop people from being thrown into the streets... There are many vulnerable groups in society so once a court decides if the person must be evicted, it then considers if there is alternative accommodation available to them."

- Doctor Nkanyiso Sibanda, law lecturer - University of the Western Cape (UWC)

Scroll up to the audio player to listen to the full conversation.