Page 5 - Notes from LRC's Housing Conference

Section 6: Evictions by organs of state. Provides for circumstances where an organ of state can apply for eviction if it is in the public interest, even if the state is not the owner of the land. Unusual to see this.
Section 7: Mediation – courts can refer the eviction matter to mediation. This section is underutilised. In some instances, mediation can be an appropriate solution. Mediation aims to assist the parties to reach an agreement. It depends on the parties buying into the process.
B) Eviction application court processes
• The Notice to Vacate: This is the notice to the parties that an eviction application will soon be heard before a court asking for an order of eviction.
• The Notice of Motion sets out the applicant’s cause of complaint and the relief that they seek, namely an order of the court for the eviction of the occupiers.
• Notice of Intention to Oppose: A legal notice that informs the court and the other parties that the eviction will be opposed.
• Opposing Affidavit: This provides the court with your version of events. The affidavit must contain all the relevant factors that you wish for the court to consider.
• Replying Affidavit: The applicant is provided with an opportunity to reply to your version of events by accepting or denying the information.
• Where there are mass evictions, the local municipality must be cited as a party to the proceedings and ought to provide the court with a report regarding the municipality’s process and resources regarding its emergency housing policies.
• Notice of Set Down: Once the available legal processes have been completed; the matter will be set down for argument, where your legal representatives will prepare for argument.
• Judgement and Order of Court: The judge will provide their judgement and order of the court.
Above is an overview of a court process when dealing with eviction applications. It is important to note that evictions may also be processed in terms of action proceedings, where a summons is issued. It is strongly advised that should any members of your community receive legal documents, urgently contact a public interest legal organisation that will be able to assist your community; alternatively, refer your community to an organisation that may be able to assist them. Should members of your community be evicted without an order of the court or reasonably believe that an unlawful eviction may be imminent, please seek legal assistance as the Rules of Court make provision for urgent applications to be heard.
C) The key principles of eviction law
• Reasonableness as the review standard at every step of the formulation and implementation of national, pro- vincial, and local government housing programmes.
• Eviction at the instance of private landowners or an organ of state – evictions as a general rule should not result in homelessness.
• Mediation and meaningful engagement as a pre-condition for the granting of an eviction order.
SUMMARY NOTES FROM THE HOUSING CONFERENCE
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