Only the Sheriff of the Court or someone under their supervision, can carry out an eviction. If at any time the owner or the person in charge forces you off the land, it is criminal offence. They can be jailed or fined for this. You will be compensated for any losses, and have the right to return to the land on terms and conditions decided by the court.

Case Study: Esta

Frank was ordered to leave his house on a wine farm after he was fired from his job because of repeatedly being absent from work without a valid reason. The farmer gave Frank one month’s notice to vacate his house. Frank hasn’t been able to find a place to stay. The farmer says he will throw him out at the end of the month if he doesn’t leave voluntarily.

What Are Frank’s Rights?

A landowner/employer must take certain steps before evicting an occupier. Section 9(2) of ESTA says:

1. A person’s right to stay in a house ends if they are fairly dismissed (in terms of the Labour Relations Act No 66 of 1995), if they resign or are retrenched.
   (See: Dismissals)
2. The land owner must give the occupier, the municipality and the provincial Department of Rural Development and Land Reform 2 months notice of the intention to evict. In the case of family members of deceased employees (employees who have died) the notice period must be 12 months.
3. The land owner cannot evict a person without a court order. A court can order an eviction to be stopped, a person allowed back into the house and/or the payment of damages to the person.
4. The occupiers must be given a chance to defend themselves in court against the eviction.
5. Unless the occupiers have committed a serious offence, the landowner must find alternative, suitable accommodation before the eviction.
6. The court’s decision to grant an eviction order must be based on just and fair reasons, taking into account, for example, how long the person has lived there, is there is alternative accommodation, whether the occupier complied with the duties, etc.

In the first place, if Frank thinks his dismissal was unfair he can challenge this in the CCMA (See: Solving disputes under the LRA). While the case is being challenged in the CCMA, he has a right to remain in the house. However, if the CCMA upholds the dismissal, then Frank will have to leave the house so long as the farmer has followed the steps prescribed in ESTA. The farmer cannot evict Frank without a court order.