Civil Litigation
Are you involved in a dispute? Do you need representation in the Magistrate’s or Supreme Court?
We have extensive knowledge and experience in civil litigation and dispute resolution.
We believe that litigation must be conducted on the basis of thorough legal research, insightful evaluation of available evidence and transparent communication between attorney and client.
We believe that litigation must be conducted on the basis of thorough legal research, insightful evaluation of available evidence and transparent communication between attorney and client.
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There is three types of eviction orders that we can apply to on our client’s behalf, namely:
Residential Property
South African Residential Evictions are governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998. PIE was enacted to regulate both the lawful eviction of unlawful occupiers and to recognize land owners’ rights to approach the courts for an eviction order. No one may be evicted from their home, or have their home demolished, without an order of the court.
Commercial Property
South African Commercial evictions are regulated by the common law and are conducted either through the High Court or the Magistrates Court. Therefore, tenants of commercial property do not enjoy the protection of PIE or ESTA. The actual use of the property is the determining factor in establishing whether a commercial eviction applies to the tenant. Commercial eviction proceedings can be brought by way of action or application.
Magistrate Court proceedings will be in the form of an Automatic Rent Interdict Summons. High Court proceedings may be brought by way of either action or application. The proceedings are founded in civil litigation and are based on the terms and conditions of the lease agreement.
Farm Property
South African Farm evictions are governed by the Extension of Security of Tenure Act 62 of 1997. ESTA was enacted to prevent both unfair and arbitrary evictions and to safeguard the rights of people who live on land in rural and peri-urban areas.
