For an eviction to happen lawfully, certain procedures must be followed. If any one of them is left out, the eviction is unlawful. If an owner wants to have an unlawful occupier evicted, they must:

• Notify the occupier of their intention of going to court to get an eviction order.
• Apply to the court to have a written notice served on the occupier stating the owner’s intention to evict the occupier. 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. The notice must contain the following:
  • a statement that proceedings are being instituted in the court in terms of PIE
  • the date and time of the court hearing
  • the grounds for the proposed eviction
  • that the occupier is entitled to appear before the court and defend the case
  • that the occupier can apply for legal aid
• The unlawful occupier can go to the court hearing on the day it is set down and defend him/herself if s/he believes the eviction is unfair

A person who wants to defend the court action should approach the Justice Centre at the Magistrate’s court for assistance. An occupier threatened with eviction can apply for legal aid assistance and representation.