oa De Rebus - A balancing act between owners and occupants - is PIE unconstitutional? : feature



Sections 4(6) and 4(7) of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act) provides that the court, hearing an eviction application, has a discretion to refuse an eviction order despite the fact that an applicant is the registered owner and the respondent is an unlawful occupier of the property (s 4(1) read with s 4(6) and s 4(7); see also 2013 (3) SA 347 (WCC)).


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