From page 22
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but he / she continues to stay in your accommodation , that person then becomes an unlawful occupier , because you have withdrawn your permission for him / her to live there .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 .
Continued on page 25
23 www . sasmallholder . co . za