What is PIE?
PIE is an acronym used by judges and lawyers when speaking or writing about the Prevention of Illegal Eviction and Unlawful Occupation of Land Act which assists to regulate the eviction of residential tenanct from leased and certain other premises in South Africa. Its aim is amongst other things the protection of the Constituional Right to housing. In this sense it is one of the results of section 26 of our Bill of Rights.
Residential tenants may not be evicted without a court order where there has been judicial oversight. Because of this, every residential occupant has an opportunity to put their case to the judicial officer. If you have not been advised that you have this right, and despite that, are evicted, you may object. Any summons or other document initiating a court process which might ultimately result in eviction, should contain a clear warning about the right to housing and ones right to contest such an eviction or to place facts before the court which might influence the outcome and protect the Right to Housing.
When an eviction application is made in terms of the PIE act, the usual court notice does not suffice. there should be an additional application by the person or entity evicting. In this application, they should obtain a directive on how the PIE Act notice should be served. Without such process, the matter has not been properly dealt with and you will have rights in this regard.
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