LAW CORNER —Consent to eviction is not really consent

2018-08-01 06:00

THE manner in which you obtain consent to eviction can lead to the courts not granting the eviction application you are seeking.

Imagine a situation whereby you sell a building which is occupied by a group of people —you manage to get a buyer, who has intentions of upgrading the property to have it leased as a residential accommodation — and you serve a letter on the occupiers, notifying them of the termination of their right of occupation in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act). You then meet up with representatives of the occupiers who consent to the eviction.

In the event of obtaining a court order authorising the service of the eviction application on the occupiers, the occupiers then argue that those who consented to the eviction did not present the majority’s interests, which serves to have the application for eviction postponed. We hear of such stories almost daily.

The law, as it stands, provides that, where parties have consented to an eviction order, the courts are not discharged from their duty in terms of PIE and section 26(3) of the Constitution which state that “no one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances”.

This means that, even in the above-mentioned situation, the court will have to take an active role in deciding eviction matters, although one can obtain an eviction order, placing before the court that there is consent to the eviction.

The court will take into consideration all relevant circumstances, including whether the procedures provided for in the PIE Act were followed, since it’s application is compulsory, or that the person seeking to oppose the rescission of the eviction order actually has instructions from the occupiers concerned that proves consent to eviction.

It is therefore important to bear in mind that consent obtained from the representatives of the occupiers without a mandate proving that the occupiers consent will mean that there is no consent.

— Written by Nolwazi Ngcongo (Candidate Attorney) of J Leslie Smith & Company Inc

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X

Inside News24

 
/News
Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.