Eviction Orders in Randburg: PIE Act Filing Through to Sheriff Execution

An eviction order in Randburg is a court order obtained under section 4 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (the PIE Act) by a property owner against someone in unlawful occupation. The procedure applies in either the Gauteng Division of the High Court (Johannesburg seat) or the Randburg Magistrate’s Court. Johannesburg Magistrate’s Court Civil Section eviction applications are set down in Court 25 only, with trial dates arranged through the clerk in Room 1060. The Randburg South-West Sheriff of the Court executes the order and may call on SAPS for assistance. Where eviction could cause homelessness, execution may be deferred until the City of Johannesburg provides Temporary Emergency Accommodation (TEA). Burger Huyser Attorneys handles these matters through its general litigation practice from its Linden, Randburg head office.

Why Engage a Specialist Eviction Attorney in Randburg

PIE litigation is procedural-heavy. An owner cannot evict without a court order, even after a clear lease breach. Changing locks, removing doors or cutting utilities as retaliation is unlawful self-help and may expose an owner to civil and criminal liability. Defective papers can stall set-down.

Randburg matters may belong in the Randburg Magistrate’s Court or Gauteng Division, Johannesburg seat, depending on the property, parties, jurisdictional limit and relief. Choosing the wrong forum costs weeks. The local direction requires Form 2(a), at least five days to oppose, Court 25 only and trial dates via Room 1060. With no opposition, an ex parte application may authorise section 4(2) service.

The court must still decide whether eviction is just and equitable, including whether occupiers would become homeless. The founding record should therefore address the City of Johannesburg’s homelessness report and accommodation position. Burger Huyser’s general litigation practice combines the High Court admissions experience and sheriff coordination required for Randburg PIE matters.

What the Service Covers

The instruction normally covers:

• Pre-filing assessment: verifying ownership, why occupation is unlawful, who occupies the property and which court has jurisdiction.
• Pleading drafting: preparing the founding and supporting affidavits, Form 2(a) notice of motion and section 4(2) notice draft.
• Issuing and service: issuing at court and serving occupiers, the City and other affected organs of state; publication or another directed method may be needed where occupiers are unidentifiable.
• Set-down and hearing: arranging the date through the clerk, bringing the ex parte service-direction application where applicable, and instructing counsel in opposed matters.
• Post-order execution: obtaining the certified order, lodging it with the Randburg South-West Sheriff, coordinating execution and tracking the City’s TEA compliance where relevant.

The Local Filing Layer: Where the PIE Act Hits the Map in Randburg

The PIE Act is national, but Randburg owners must use the correct local forum and sheriff:

Forum or participant	Role in a Randburg matter
Gauteng Division, Johannesburg seat	For matters outside the Magistrate’s Court limits, requiring organ-of-state joinder or requiring High Court relief.
Randburg Magistrate’s Court	Part of the Johannesburg Magisterial District; civil PIE evictions are set down in Court 25, with dates through Room 1060.
Randburg South-West Sheriff	Serves process and executes orders in the Randburg area; may approach SAPS where assistance is necessary.
City of Johannesburg	Usually joined so the court can assess homelessness and the appropriate TEA plan or timeline.

The Eviction Process, Step by Step

1. Confirm the case: collect proof of ownership, establish the lease breach, expiry or absence of any right to occupy, and identify every reasonably ascertainable occupier.
2. Issue in the right court: use the Randburg Magistrate’s Court within its jurisdictional limit and value; otherwise use the Gauteng Division, Johannesburg seat. Magistrate’s Court motion must follow Form 2(a).
3. Serve the papers: serve occupiers, the City and affected organs of state. The notice must allow at least five days from service for a notice of intention to oppose.
4. Obtain section 4(2) directions: if no opposition is filed, bring the ex parte interlocutory application and allow time for the directed service and the 14-day notice period to expire.
5. Prepare the hearing: answer any defence and address the section 4(8) just-and-equitable test, including the City’s homelessness report. Opposed matters may require counsel.
6. Obtain the order: the court may order a defined-period eviction, or grant it while suspending execution for occupiers at risk of homelessness so that the City can provide TEA and notify them in writing.
7. Execute lawfully: lodge the certified order with the Randburg South-West Sheriff, arrange the date and allow the sheriff to seek SAPS assistance if necessary.

What a Randburg Eviction Order Typically Looks Like

Scenario	Order the court may make
Occupier at no risk of homelessness	Eviction within a defined period, such as two months, with sheriff execution and SAPS assistance if required.
Occupier at risk; accommodation available	Eviction granted, with execution deferred until the City confirms TEA.
Occupier at risk; no accommodation available	Execution suspended for a defined period, commonly two years, while the City procures TEA; the City may have to notify occupiers in writing within twenty months.
Successful opposed application	The order may include costs on Scale C, including counsel’s charges.

Nwobi and Another v Metsing and Others illustrates a split order: eight of ten households faced homelessness, so some vacated in two months while vulnerable occupiers waited for TEA.

What to Look for When Choosing a Randburg Eviction Attorney

• High Court admissions experience: the attorney must be able to brief counsel confidently in the Gauteng Division.
• Local practice-direction knowledge: Court 25, Room 1060, Form 2(a), the five-day period and section 4(2) process must be planned correctly.
• TEA-aware pleading: the City’s homelessness evidence and the just-and-equitable test should be dealt with from the founding papers.
• Sheriff coordination: the certified order, lodgement and execution date must be managed with the Randburg South-West Sheriff.
• Transparent costs: the firm should quote after assessing whether the matter is an unopposed Magistrate’s Court application or a contested matter involving counsel and a fuller record.

Burger Huyser Attorneys’ general litigation practice handles this court, evidence and sheriff-coordination work from its Linden, Randburg head office.

Practical Considerations: Cost, Timeline and What to Bring

Consideration	Practical guide
Cost	Fees depend on complexity. An unopposed Magistrate’s Court matter is materially cheaper than a contested High Court application requiring counsel and a detailed homelessness record. Burger Huyser quotes per file after assessment.
Timeline	Unopposed matters typically reach order within two to four months from issue; opposed matters generally run six to twelve months. TEA-related execution may be deferred for up to two years.
First consultation	Bring the title deed or proof of ownership, lease and breach record, occupier identities, prior correspondence or demand letters, and details of any sheriff engagement.

Frequently Asked Questions

How long does it take to get an eviction order in Randburg?

Unopposed matters typically reach order within two to four months. Opposed matters generally run six to twelve months. TEA-related execution may be deferred, commonly for two years, while the City provides TEA.

How much does an eviction attorney cost in Randburg?

Fees depend on complexity. An unopposed Magistrate’s Court application is materially cheaper than a contested High Court application requiring counsel and a full homelessness record. Burger Huyser quotes per file after assessment at its Linden head office.

Can a landlord evict a tenant in Randburg without going to court?

No. The PIE Act requires a court order before an eviction. Self-help eviction, including changing locks, removing doors or cutting off utilities in retaliation, is unlawful and may expose the owner to civil and criminal liability.

Which court hears a Randburg eviction — the Magistrate’s Court or the High Court?

It depends on value, jurisdiction and relief. Most residential matters fall within the Randburg Magistrate’s Court and are heard in Court 25, with dates through Room 1060. Matters outside that limit or requiring High Court relief are filed in the Gauteng Division, Johannesburg seat.

What happens if the occupier would be made homeless by the eviction?

The court considers whether eviction is just and equitable and may not allow execution against an occupier at risk of homelessness until the City provides TEA. A typical order grants eviction but suspends execution, commonly for two years, and directs written notification of accommodation arrangements within twenty months.

Who actually carries out the eviction after the order is granted?

The Randburg South-West Sheriff of the Court carries out the eviction, coordinates the date and may approach SAPS for assistance. Burger Huyser briefs the sheriff once the certified order is obtained.

Where is the Burger Huyser Randburg office, and what are the hours?

The head office is at 49 First Avenue, Linden, Randburg, 2195. Telephone 011 888 0246, after-hours 061 516 6878. It is open Monday to Friday, 7:30am to 4:30pm.

For a Randburg eviction order, contact Burger Huyser on 011 888 0246, after-hours 061 516 6878, or visit 49 First Avenue, Linden, Randburg, 2195. Its litigation practice handles PIE matters from founding affidavit and section 4(2) directions through counsel, sheriff and TEA timelines. Bring proof of ownership, the lease or occupation record, occupier identities and prior correspondence. The firm has 4.8/5 across 250+ Google reviews (Trustindex verified as “Top Rated Law Firm in South Africa”) and runs litigation files across Gauteng.