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If you have not heard of the changes to the manner in which Evictions are to take place, may it be suggested that you were fortunate not to have experienced all the confusion. Now that sufficient time has passed, your piece of PIE is ready for consumption.

Evictions are carried out in accordance with both the PIE Act (Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 1998), and The Cape Killarney court case.
If you have not heard about The Cape Killarney Property Investments (Pty) Ltd v Mahamba 2001 (4) SA1222 (SCA) court case, this is the case that was central to the confusion for me, and is now the preferred precedent to follow for evicting the unlawful tenant. I will expound on this in the shortest and simplest manner, based on the assumption that you are familiar with the basics of court procedure and the content of a Section 4(1) and Section 4(2) Notice of Motion. For ease of understanding, the basic content of these sections are summarised at the end of this article.
 
Let us begin.
 
Draft a letter to the tenant/s whereby you put them to terms, informing them that should they not vacate by a specific date in the reasonable near future, they will thereafter be in unlawful occupation of the premises and eviction proceedings will begin. Send this letter via Registered Post and keep your proof. Cancel the lease agreement should there be one.
 
Once the tenant is in unlawful occupation:

  1. Draft an Original Section 4(1) Notice of Motion & Founding Affidavit (and a copy per respondent).
  2. Clerk provides you with case number.
  3. Choose a court date sufficiently far into the future, and write it into your S4(1) Notice of Motion. The Clerk will stamp your Notice of Motion. (This date should allow for the full procedure to unfurl, so I would suggest two months into the future as an absolute minimum.)
  4. Take Originals & Copies to the Sheriff to have them personally served on each Respondent.
  5. Wait until all Respondents have been served and the dies have expired for them to lodge a Notice of Intention to Oppose.

Now there are two ways forward, these based on whether they did not oppose, or whether they did oppose.

They did not oppose:
Once the Return of Service has been received and the Dies has expired and No Notice to Oppose has been served on us, go to the clerk of the court:
Request File Cover from Clerk (This being the brown court folder whereupon the case number is written).
Take this File Cover and insert your:

Drafted s4(2) Order
Original s4(2) Notice of Motion [together with the attached s4(1) Notice of Motion & Founding Affidavit as already served and Returned by Sheriff] to the Magistrate, in Chambers. (Have a copy of the Sheriff’s Return with you.)

Magistrate, if satisfied, grants your s4(2) Order directing the Clerk to Issue your Notice in terms of Section 4(2) and directing the manner of Service on the Respondents, as being service on their Persons. i.e. Personal Service.

NOTE: There must be at least 14 days between Service of this section 4(2) Notice of Motion & the Court Date selected in the beginning.

File a copy of the Section 4(2) Notice of Motion & Section 4(2) Order immediately with the Clerk. They will stamp them and keep a copy of each in the file.
Take the Original & Copies of:

The section 4(2) Order
The Original s4(2) Notice of Motion, which includes attached the  section 4(1) Notice of Motion & Founding Affidavit as served earlier to the Sheriff(s) to be served on the Respondents.

Thereafter, Index and Paginate your court file and prepare for the Court Appearance where you will seek the relief. Attend court on the date you selected from the Clerk in the beginning.

They opposed:

A Notice to Oppose and Answering Affidavit has been received from Respondents.
Submit your Replying Affidavit if required
Apply to the Clerk for a Court date, the originally selected date is now no longer applicable, being replaced by the newly provided date from the Clerk.
Request File Cover from Clerk (This being the brown court folder whereupon the case number is written).
Take this File Cover and insert your:

Drafted s4(2) Order
Original s4(2) Notice of Motion [together with the attached s4(1) Notice of Motion & Founding Affidavit as already served and Returned by Sheriff] to the Magistrate, in Chambers. (Have a copy of the Sheriff’s Return with you.)

Magistrate, if satisfied, grants your s4(2) Order directing the Clerk to Issue your Notice in terms of Section 4(2) and directing the manner of Service on the Respondents, as being service on their Persons. i.e. Personal Service.

NOTE: There must be at least 14 days between Service of this section 4(2) Notice of Motion & the Court Date selected in the beginning.

File a copy of the Section 4(2) Notice of Motion & Section 4(2) Order immediately with the Clerk. They will stamp them and keep a copy of each in the file.
Take the Original & Copies of:

The section 4(2) Order
The Original s4(2) Notice of Motion, which includes attached the  section 4(1) Notice of Motion & Founding Affidavit as served earlier to the Sheriff(s) to be served on the Respondents.

Thereafter, Index and Paginate your court file and prepare for argument in court on the new date provided by the Clerk. Note that in some cases the City of Cape Town must provide an affidavit wherein the City demonstrates they have engaged the tenants regarding alternative accommodation. This is necessary when there are old folk and minors on the premises. Argument will seldom be heard without this affidavit. Always confirm the Locus Standi of the Applicant in the matter, and beware the pitfalls of evictions in deceased estates; especially where the owner dies intestate; the Executor must also provide an affidavit confirming the eviction is in line with the matters of the estate.
This is by no means a comprehensive procedure outlined above, but merely a simple skeletal guide from which to grow your own procedure around. Good luck, and know your case law.

A quick basic content check list for the Section 4(1) and 4(2) Notice of Motion:

Section 4(1) Notice of Motion basic content:

  1. Order for eviction of all respondents at address of premises
  2. Order specifying the date they must vacate
  3. Order specifying the date on which the order may be carried out if Respondents fail to obey the above order.
  4. Order as to Costs
  5. Supporting Affidavit of landlord referenced
  6. Inform Respondents they are in unlawful occupation; entitled to legal representation; informed of their right to housing ito S26 Constitution; municipality will be joined in this application; service of this process must be personal.
  7. Appoint Applicants attorneys and address for notices.
  8. Usual Opposition 5 days; Opposing Affidavits 10 days; Respondents to provide address within 15km of court.
  9. In event opposed, inform Respondents that Applicant will request a date for hearing from Clerk, to be duly served on the Respondents.

Section 4(2) Notice of Motion basic content:

  1. Order allowing Applicant to give written notice of the Proceedings instituted in terms of Section 4(1) to the Respondents and the Municipality.
  2. Allowing the Sheriff to serve this on the Respondents in terms of the Rules of the Court.
  3. Allowing the Sheriff to serve this on any and all occupants other than the Respondents he finds on the premises.
  4. Ordering that the service by the Sheriff shall be done in person.
  5. Informing the Respondents of which legislation the proceedings are taking place under.
  6. Informing the Respondents that they are entitled to appear in court personally, by representation or legal aid.
  7. Inform the Respondents they are occupying the premises without the consent of the Applicant.
  8. Inform the Respondents of the Court Date.