What are the Risks of “Self-Help” Eviction Processes in South Africa?

In South Africa, property owners must be cautious about how they handle evictions. Resorting to “self-help” methods, such as changing locks, shutting off utilities, or physically removing occupants and their belongings without a court order, can lead to severe legal consequences.

These actions, bypassing the legal eviction process, are considered unlawful under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 19 of 1998 (the PIE Act). Violating this act by engaging in self-help evictions can result in a spoliation order. Moreover, perpetrators might face penalties including fines, imprisonment for up to two years, or both.

For property owners, understanding and strictly adhering to the legal eviction protocols is essential. This includes obtaining a proper eviction order from the court and involving the Sheriff in the eviction process. Taking unlawful steps not only jeopardises the legal process but also puts the property owner at risk of significant legal troubles.

Property law in South Africa is designed to protect the rights of both property owners and occupants. For guidance on lawful eviction procedures and to avoid the pitfalls of self-help methods, it’s advisable to consult with a legal professional specialising in property law.