EVICTION ORDERS & EVICTION LAW IN SOUTH AFRICA
An eviction occurs when a person is legally forced to leave the property they are staying in. Section 26(3) of the Constitution of South Africa states that:
“No one may be evicted from their home, or have their home demolished without an order of court made after considering all the relevant circumstances and that no legislation may permit arbitrary evictions.”
For an eviction to occur, the occupant should be occupying a property illegally and a court order, otherwise known as an eviction order, should be given against the occupant of the property. An eviction order is a process of legally forcing an occupant of a property to leave the property. In the case where no court order is given, it will be in contravention of section 26(3) of the Constitution and hence an unlawful eviction.