After consideration of all relevant facts placed before the court in an eviction application, the court will make a just ruling, known as a court order. Understanding the consequences of not complying with such an eviction order is essential for both property owners and unlawful occupants in South Africa. This critical aspect of property law can have significant legal, financial, and personal implications. This article delves into these consequences and underscores the importance of adhering to the official court order in eviction applications, with a special focus on the role of professional legal assistance from Burger Huyser Attorneys.

What is an eviction order?

Should the eviction order be granted in favour of the property owner the court has the discretion to determine the specific date whereupon the unlawful occupier must vacate the property. The court will also give authority to the Sheriff of the court to evict the unlawful occupier should he or she fail to vacate the property on this specific date.

What is also of significant importance in an eviction order is the legal cost awarded to the successful party; thus the unsuccessful party will be liable for the legal cost of the successful party on a certain cost scale after being taxed by the Taxing Master.

Legal Implications of Non-Compliance with Eviction Orders

Non-compliance with an eviction order in South Africa carries significant legal ramifications that can affect the property owners as well as the unlawful occupier. Should the unlawful occupier fail to vacate the property on the date as stipulated by the court in the eviction order, a warrant of ejectment will be issued. The court order as well as the warrant of ejectment will authorise the Sheriff of the relevant court to evict all persons in unlawful occupation of the property.

The court order can also make provision for the Sheriff to enlist the assistance of the South African Police Service to carry out the eviction.

When carrying out such an order the Sheriff will remove all belongings, such as furniture and personal effects from the property and place it outside on the sidewalk. The Sheriff thereby ensures that the owner has his or her property back.

Should the unlawful occupier re-occupy the property after being evicted, the Sheriff may be authorised to re-evict the unlawful occupant, subject to the specific order granted by the court.

Why Property Owners Should Follow the Correct and Legal Eviction Process

For property owners, strict adherence to eviction protocols is equally important. Bypassing the legal process, such as resorting to ‘self-help’ eviction methods—like changing locks, shutting off utilities, or physically removing unlawful occupants, and their belongings without a court order and a sheriff—can lead to substantial legal troubles. Such actions are deemed unlawful and may result in a range of penalties, including a spoliation order as well as a fine, or imprisonment not exceeding two years, or to both such fine and such imprisonment in terms of section 8(3) of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 19 of 1998 (the PIE Act).

Moreover, the PIE Act aims to prevent illegal evictions and protect unlawful occupants from being rendered homeless without due process. It is of paramount importance that the specific and complex process in terms of the PIE Act be followed to ensure success in such an application. Non-compliance can not only delay the eviction process but also lead to reputational damage and financial losses due to prolonged legal disputes.

Given the complex nature of eviction laws in South Africa, property owners should seek professional legal advice when considering eviction proceedings. Legal experts can provide crucial guidance to ensure all actions conform to the law, thereby mitigating the risks associated with non-compliance.

Consequences of an Eviction

The PIE Act governs the eviction process. Compliance with this act is crucial for both parties to avoid legal repercussions.

  • Financial Repercussions for Both Parties

When an eviction order is granted in favour of the property owner, a cost order is usually awarded against the unlawful occupier. Thus the unlawful occupier will be liable for the legal cost of the property owner incurred throughout the eviction process.

The property owners on the other hand must pay all legal costs throughout the process until a cost order to the aforementioned effect has been obtained. Another steep cost property owners need to bear is that of the Sheriff giving effect to the actual eviction, as their cost ranges between R15 000 – R60 000. The Sheriff’s cost is dependable on the location of the property, amount of people occupying the property, the size of the property, and any other potential dangers.

  • Impact on Credit and Rental History

For tenants, not complying with an eviction order can adversely affect their credit score and rental history. This can make it challenging to secure rental properties in the future.

  • Stress and Emotional Toll

The process can be stressful and emotionally taxing for all involved. The uncertainty and legal battles can take a significant emotional toll, highlighting the need for resolving such situations promptly and lawfully.

Expert Assistance for Eviction Orders with Burger Huyser Attorneys: Understanding Non-Compliance Consequences in South Africa

The consequences of not complying with an eviction order in South Africa are serious and multifaceted. For guidance through this complex process, contact Burger Huyser Attorneys. Our expertise in property law can help ensure that eviction orders are managed correctly and in accordance with legal requirements, protecting the interests of property owners while respecting the rights of unlawful occupiers.

DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE