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conduct. So if a spouse, family member or friend comes to live with your worker or tenant in your accommodation and you do not object, you have thus given tacit consent. ❑ An unlawful occupier is someone who resides on land without the express or tacit permission of the owner. ❑ If you have dismissed your worker from your employment, in accordance with the provisions of the Labour Relations Act, and ordered him / her to leave your property but he / she continues to stay in your accommodation, that person then becomes an unlawful occupier, because you have withdrawn your permission for him / her to live there. ❑ A trespasser is someone who enters property without the permission of the owner and can be arrested by the police. While the relationship between the owner and the worker or the tenant remains cordial, all is well. The difficulty arises when the relationship is no longer good and you want to get rid of the person. The eviction of persons from land or accommodation is regulated by various laws. The following laws regulate different legal situations: ❑ The Extension of Security Tenure Act, 1997( Act No 62 of 1997)( ESTA Act) governs eviction from farm land. ❑ The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998( Act No 19 of 1998)( PIE Act)- anyone who is an unlawful occupier, which includes tenants who fail to pay their rentals and bonds, is covered by PIE. These laws are quite often difficult to interpret and apply.
Eviction from land is always done in terms of a court order, whether the person is a labour tenant, an occupier( whether unlawful or not), a farm worker or even a trespasser. The eviction of an occupier or trespasser must be done in accordance with the applicable laws, otherwise such eviction will be illegal. Under most circumstances a police member will be requested to deal with the " problem " of an occupier when the owner of land lodges a complaint at the Community Service Centre of the Police Station in the area. Whenever the occupier enjoys the protection of PIE, the police member should advise the complainant to consult with a lawyer in order to invoke the legal eviction procedures. For an eviction to happen lawfully, these procedures
LAND RIGHTS must be followed: ❑ The owner must give the occupier notice of his / her intention of going to court to get an eviction order. This notice must contain a large number of details, so it is best drawn up by someone who knows what is required by the Act. ❑ The owner must apply to the court to have a written notice served on the occupier stating the owner ' s intention to evict the occupier.
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