Eviction Refused – Landowners, Unlawful Occupiers and the “Just and Equitable” Test
“Unlawful occupiers” of land have strong rights under our Constitution and other laws, and most property owners and landlords understand the need to tread carefully whenever the issue of eviction arises. They are required to comply fully with the provisions of PIE (the “Prevention of Illegal Eviction and Unlawful Occupation of Land Act”) – certainly achievable but never to be taken lightly. Bear in mind that a court order is required before eviction, with additional restrictions applying during the pandemic lockdowns. A recent Supreme Court of Appeal (SCA) decision of Grobler v Phillips and Others (446/2020) [2021] ZASCA 100 shows…