PIE evictions v ESTA evictions: Key differences
Evictions in South Africa are regulated by two main laws: the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE) and the Extension of Security of Tenure Act 62 of 1997 (ESTA). These laws aim to protect the rights of occupiers and owners of land, and to balance the interests of both parties in a just and equitable manner. The main difference between PIE and ESTA is that PIE applies to all land in South Africa, except for rural or peri-urban land that falls under ESTA. ESTA protects the rights of occupation of persons who reside on rural or peri-urban land with the consent of the owner or person in charge, and who do not use the land mainly for industrial, mining, commercial or commercial farming purposes.
Evictions under PIE require a court order, which can only be granted if the court is satisfied that it is just and equitable to do so, after considering all the relevant circumstances, such as the availability of alternative accommodation, the rights and needs of the elderly, children, disabled persons and households headed by women.
Evictions under ESTA also require a court order, but only after the owner or person in charge has given notice of termination of the right of residence to the occupier, and has afforded the occupier an opportunity to make representations. The court must also consider whether the eviction is just and equitable, having regard to factors such as the availability of suitable alternative accommodation, the period of occupation, the fairness of the terms of any agreement between the parties, and whether the land has been made available or can reasonably be made available by a municipality or other organ of state or another landowner for the relocation of the occupier.
In summary, evictions in South Africa are not simple, and both PIE and ESTA provide safeguards for the rights and interests of occupiers and landowners. Evictions must be done in accordance with the law and the Constitution, which guarantees everyone's right to access adequate housing and protection from arbitrary deprivation of property.
