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How to go about to apply for eviction notices
For persons occupying land or a building without permission, the owner or lawful occupier may apply to the magistrate for a removal order. The application must be made to the magistrate of the district where the property is situated. A local authority or an authorised departmental official may also apply. 3
Submit sworn affidavits supporting the application. At the same time, file an affidavit confirming that copies or translations of the supporting affidavits, together with notice of the application date, were posted prominently on the land or on or near the building. The stated hearing date must be at least three days after posting. 3
For an owner or lawful occupier’s application, the magistrate must be satisfied that the occupants entered without leave, remain without consent, and refused to leave despite a warning. The affected persons may submit replying affidavits and their legal representatives may make representations. 3
For other applications, the magistrate must be satisfied that the persons entered and are congregating on the property, whether or not they initially had consent, and in every application that their living conditions may endanger public health or safety unless they are removed. The magistrate must consult the relevant local authority before making a summary ejectment order. 2
If the occupants are tenants rather than unlawful occupiers, the Squatters Proclamation procedure may not be the applicable route. Under the Rents Ordinance, a court generally may not order ejectment merely because a lease expired where the tenant pays rent within seven days of its due date and complies with the lease, unless specified further grounds exist, including material damage, nuisance, the landlord’s qualifying personal-occupation need, or reasonable reconstruction or alteration requirements. 5
Verified sources
Where this answer comes from
Squatters Proclamation AG 21 of 1985
7. Applications for removal of persons from land or buildings, and ejectment orders
Squatters Proclamation AG 21 of 1985
or (b) in the case of all other applications that the persons concerned entered upon or entered the land or building and are congregating thereon or therein, whether with the consent of the owner or lawful occupier or not; and (c) in the case of all applications that the conditions under which the persons concerned are living on or in the said land or building are such that unless removed therefrom, the health or the safety of the public in general or of any class of persons, including the persons aforesaid, may be endangered, the magistrate, after consultation with the local authority with in whose area of jurisdiction the land or building is situated, may make an order for the summary ejec...
Squatters Proclamation AG 21 of 1985
(1) The magistrate of the district in which any land or buildings are situated, may hear an application for an order for the removal of persons from such land or building - (a) if the application is made by the owner or lawful occupier of such land or building or by the head of any department or any officer employed in any department authorized by the head thereof or the local authority in whose area of jurisdiction such land or building is situated; and (b) if at the same time there are submitted to the magistrate affidavits on oath in support of the application and an affidavit stating that copies or translations of the first-mentioned affidavits in the Afrikaans and the English languages,...
Squatters Proclamation AG 21 of 1985
performance of his functions or duties as an employee employed in any department or local authority, who - (a) without lawful cause enters upon or enters any land, building or structure; or (b) without the consent of the owner or lawful occupier of any land, building or structure, is on or in such land, building or structure, shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred rand or imprisonment for a period not exceeding six months or to both such fine and such imprisonment. (2) Criminal proceedings instituted against any person for contravening subsection (1)(b) by having been on or in any land, building or structure at any specified time or during...
Rents Ordinance 13 of 1977
(1) Notwithstanding the provisions of section 32, no order for the recovery of possession of a dwelling or for the ejectment of the lessee therefrom based on the fact of the lease having expired either by effluxion of time or in consequence of lawful notice, shall be made by any court as long as the lessee continues to pay, within seven days of the due date, the rent in respect of such dwelling agreed upon with the lessor or determined under this Ordinance, and complies with the other conditions of the lease, except on the further grounds that (a) the lessee has done or is doing material damage to the dwelling; or (b) the lessee has been guilty of conduct which is a nuisance to occupiers of...
Magistrates' Courts Act 32 of 1944
(1) Upon an affidavit by or on behalf of the landlord of any premises situate within the district, that an amount of rent not exceeding the jurisdiction of the court is due and in arrear in regard to the said premises, and that the said rent has been demanded in writing for the space of seven days and upwards, or, if not so demanded, that the deponent believes that the tenant is about to remove the movable property upon the said premises, in order to avoid the payment of such rent, and upon security being given to the satisfaction of the clerk to the court to pay all damages, costs and charges which the tenant of such premises, or any other person, may sustain or incur by reason of the attac...