n Local Government Bulletin - From the courts : unlawful occupation and eviction from land




In terms of section 6 of the Prevention of Illegal Eviction and Unlawful Occupation of Land Act 19 of 1998 (PIE), an organ of state may institute proceedings for the eviction of unlawful occupiers of land within its jurisdiction. This case highlights the fact that courts are reluctant to order the eviction of unlawful occupiers of land if they are not satisfied that all reasonable steps were taken by a municipality to get an agreed, mediated solution before seeking an eviction order.


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