Know about eviction procedures
In most cases, tenants claim never to have received a notice and are left stranded.
Evictions have become the norm in areas such as Malvern, Bez Valley and surrounding areas.
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In most cases, tenants claim never to have received a notice and are left stranded.
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Tenants are often not aware of the eviction, while others are not present during the eviction, which leads to them losing their belongings because their possessions are left on the streets.
Tenants are advised to be aware of eviction processes.
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The South African Board of Sheriffs’ guidelines for evictions are:
• A tenant must receive 14 business days’ notice of the eviction hearing and has the right to appear in court.
• Before issuing an eviction order, the court must establish whether the occupier is an unlawful occupier and whether the landlord has followed the provisions in the Prevention of Illegal Eviction Act.
• If a tenant has been at the premises for less than six months, the court needs to consider issues such as the rights of the elderly, children, the disabled and women-headed households.
• If the occupation has gone on for longer than six months, the court needs to consider the above and whether alternative accommodation has been made available or can reasonably be made available.
• The sheriff must be in possession of a warrant of ejection or eviction notice. This must be signed and issued by a clerk or registrar of the court. Old eviction notices with a current stamp on them are not valid. The eviction notice must be directed to/addressed to the sheriff.
• The eviction order must state by when the tenant occupier must vacate the land.
• The order must determine a date that the eviction order can be executed by the sheriff.
• If the owner contracts a security company to carry out the eviction, the sheriff is there to observe but remains the responsible person.
• The sheriff is liable for damages caused by the security company unless the court orders a person to assist, in which case the liability for damages falls on the security company.
• The sheriff has to be present the whole time. Sometimes SAPS members are sent to accompany the sheriff for protection.
• The sheriff must respect the rights of citizens and their dignity. He needs to perform his function fairly and impartially and must uphold the name of the Office of the Sheriff and the administration of justice.
Evictions are normally a result of failure to pay rent, foreclosure by banks for non-payment of bonds and matters of inheritance.
On the day of the eviction, there are further procedures the sheriff must follow:
• The sheriff must have the eviction order in his possession.
• The sheriff must engage with the people to be evicted and, if possible, speak to a community leader. The sheriff must read the order out loud and explain the contents of the court order in English and a language probably understood by the majority of the community. Attempts must be made to ensure that questions that might exist are answered as far as they are relevant to the execution of the order.
• The sheriff must give the people to be ejected the opportunity of leaving with their possessions. He must assist them with transport where possible.
Tenants who are facing unlawful evictions can contact the Socio-Economic Rights Institution for assistance on 011 356 5860 or visit them on the 6th floor at Aspern House, 54 De Korte Street, Braamfontein.
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