Evictions during the National State of Disaster
28 January 2021, Sue-Mari Swanepoel
The National State of Disaster and subsequent lockdown, has been a difficult time for property owners in South Africa. During... level 5, property owners were not entitled in terms of the Regulation to evict tenants from their properties, irrespective of their failure to pay rental. As the levels of lockdown adjusted from May 2020, the Regulations pertaining to evictions were adjusted to make eviction of unlawful tenants and or occupiers possible but only under specific circumstances and having regard to factors such as alternative accommodation, prejudice and the impact of the National State of Disaster on the parties. Most property owners were relieved, until they realized or were advised that although they are entitled to start eviction proceedings in terms of the Prevention of Illegal Eviction from and Unlawful Occupation from Land Act, Act 19 of 1998 (hereinafter the PIE Act) and obtain an eviction Order, physical eviction of their tenants is not possible, unless the Court grants an Order without suspending same until termination of the State of National Disaster. The current adjusted Level 3 gazetted Regulations, Regulation 37 provide as follows: Eviction and demolition of places of residence