Statistics Act, 1999
R 385
Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 (Act No. 19 of 1998)5. Urgent proceedings for eviction |
| (1) | Notwithstanding the provisions of section 4, the owner or person in charge of land may institute urgent proceedings for the eviction of an unlawful occupier of that land pending the outcome of proceedings for a final order, and the court may grant such an order if it is satisfied that— |
| (a) | there is a real and imminent danger of substantial injury or damage to any person or property if the unlawful occupier is not forthwith evicted from the land; |
| (b) | the likely hardship to the owner or any other affected person if an order for eviction is not granted, exceeds the likely hardship to the unlawful occupier against whom the order is sought, if an order for eviction is granted; and |
| (c) | there is no other effective remedy available. |
| (2) | Before the hearing of the proceedings contemplated in subsection (1), the court must give written and effective notice of the intention of the owner or person in charge to obtain an order for eviction of the unlawful occupier to the unlawful occupier and the municipality in whose area of jurisdiction the land is situated. |
| (3) | The notice of proceedings contemplated in subsection (2) must— |
| (a) | state that proceedings will be instituted in terms of subsection (1) for an order for the eviction of the unlawful occupier; |
| (b) | indicate on what date and at what time the court will hear the proceedings; |
| (c) | set out the grounds for the proposed eviction; and |
| (d) | state that the unlawful occupier is entitled to appear before the court and defend the case and, where necessary, has the right to apply for legal aid. |
