From page 23
❑ The court must serve the notice at least 14 days before the court hearing. The notice must also be served on the municipality that has jurisdiction in the area. If any one procedure is left out, the eviction is unlawful. It is also a criminal offence to directly or indirectly receive or solicit payment of any money or other consideration as a fee or charge for arranging or organising or permitting a person to occupy land without the consent of the owner or person in charge of that land. The court will only give an eviction order if it is proved that: ❑ The person who is applying to evict an occupier, is in fact the owner of the land; ❑ An occupier is an unlawful occupier; ❑ The owner has reasonable grounds to ask for the eviction; ❑ The local authority or any other owner of land in the area can make alternative land available for the occupier. If the court grants an eviction order, the order will state a date by when the occupier has to leave the land, and also the date on which the eviction will take place if the occupier does not vacate the land. The court has to balance out and reconcile the opposed claimsinasjustamanneras possible, taking account of all the interests involved and the specific factors relevant in each particular case, including the interest of the owner. The sheriff of the court will implement eviction orders. In some cases, where there is sufficient information to indicate that the sheriff and his / her employees may be exposed to injury, death or damage to property, the police will be on hand to ensure law and order and protection. Where land invasion takes place, it is most important that the owner immediately reports the matter to the police. Land invasions are often associated with the occupation of land by force. The act also allows for urgent eviction proceedings. This will be granted if the owner can show that: ❑ There is real danger of substantial injury or damage to any person or property; ❑ There is no other way to solve this situation; ❑ The owner is going to suffer more if the occupier stays on the land, than the occupier will suffer if he or she gets evicted In such a case, the owner can go to court and get a final order for the eviction. If the court grants an order: ❑ The eviction order will state a date by when the unlawful occupier has to leave the land, and also the date on which the eviction will take place if the unlawful occupier does not vacate the land.
LAND RIGHTS
Q The court order may also make an order for the unlawful occupier ' s buildings to be demolished. Only the sheriff of the court can carry out an eviction. The police must investigate to determine whether a common law offence has been committed.
25 www. sasmallholder. co. za