An eviction is lawful if the following requirements have been met:

• The occupier must get two months written notice that the owner intends to apply for an eviction order. An eviction will not be lawful if the correct notices have not been given. It is only lawful if there is an eviction order from a court.
• The owner must send a copy of this notice letter to the local authority and the provincial office of the Department of Rural Development and Land Reform. This must be done in order to warn the municipality and the department that they might need to make arrangements for alternative accommodation for the occupiers, and for mediation, where possible.

The eviction must also be just and equitable. The court will look at the following questions to decide whether it is just and equitable:

• Was the original agreement between the occupier and the owner fair?
• How did the parties conduct themselves?
• How much is each party going to suffer if this eviction does or does not happen?
• Did the occupiers expect to stay on the land for a longer period?
• Was there a fair procedure to end the right to stay on the land? To decide if it was fair, the court will ask:
  • are there valid grounds for ending the right?
  • did the owner inform the occupiers of allegations against them in a way they could understand?
  • did the occupiers have a chance to reply to the allegations?
  • did the occupiers have enough time to reply?
  • if there is an enquiry, another occupier or person from an organisation that the occupier belongs to, must be allowed to help the occupier state his or her case
  • if there is an enquiry, the owner must inform the occupier of his or her decision after the enquiry in writing
  • if the right to stay on the land is threatened, the owner has to remind the occupier that the occupier has the right to take the matter to court if they disagree about the outcome of the enquiry