Guide To The Eviction Process Online
User Manual:
Open the PDF directly: View PDF 
.
Page Count: 76
GUIDE TO
THE EVICTION
PROCESS
THE EVICTION PROCESSLEGAL ASSISTANCE
Visit: www.evictions.org.za
RESOURCES AVAILABLE ONLINE
TEST COPY
4 MARCH 2019
Disclaimer:
The information in this Guide is provided for general
information purposes only and does not constitute legal
or other professional advice. While we have taken
every care to ensure that the content is accurate, the
content is provided as is and your use of and reliance
on the information contained herein is entirely at your
own risk. All the information is not intended to stand
alone as legal advice. Before making any decision or
taking any action you should take appropriate legal
advice from a suitably qualied person with regard
to your particular circumstances. We accept no
responsibility for any loss or damage which may arise
from reliance on information contained in this guide.
PLEASE GIVE US YOUR FEEDBACK
User feedback from this test version of the guide is vital
to its improvement. Go to evictions.org.za to contribute.
No one may be evicted from
their home, or have their
home demolished, without
an order of court made
after considering all the
relevant circumstances.
This guide has been designed to provide valuable
resources and accurate information to those who
are looking to understand the eviction process.
Knowledge of your rights as a tenant and the
surrounding legislation is key to ensuring that
your can eectively oppose your eviction.
For more information please visit:
www.evictions.org.za
-Section 26(3) of the Constitution
INTRODUCTION THIS GUIDE & EVICTION 1
HOW TO USE THIS GUIDE 1
WHAT DOES EVICTION MEAN FOR YOU? 2
OUTLINE OF THE EVICTION PROCESS 4
SECTION 1 THE RENTAL HOUSING TRIBUNAL 7
RESOLVING DISPUTES WITH YOUR LANDLORD 7
IMPORTANT TRIBUNAL RESTRICTIONS 8
CONTACTING THE TRIBUNAL 8
WHAT COMPLAINTS CAN YOU TAKE TO THE TRIBUNAL? 9
THE TRIBUNAL PROCESS: STEP-BY-STEP 11
SECTION 2 RECEIVING A NOTICE TO VACATE 15
WHAT DOES IT MEAN TO RECEIVE NOTICE? 15
WHEN CAN A LANDLORD SEND A NOTICE TO VACATE 16
SIGNS OF AN UNLAWFUL NOTICE 16
TAKING ACTION 19
SECTION 3 ENGAGING WITH YOUR LANDLORD 20
WHY IS MEANINGFUL ENGAGEMENT IMPORTANT? 20
AN EXAMPLE OF MEANINGFUL ENGAGEMENT 21
TAKING ACTION 22
SECTION 4 RESPONDING TO LEGAL DOCUMENTS 23
RECEIVING & RESPONDING TO A NOTICE OF MOTION 23
WHAT IS A NOTICE OF MOTION? 24
TAKING ACTION 27
SECTION 5 HOW TO OPPOSE YOUR EVICTION 28
THE IMPORTANCE OF OPPOSING 28
VALID REASONS TO OPPOSE YOUR EVICTION 29
OPPOSING WHEN YOU RECEIVE YOUR NOTICE 29
OPPOSING WITH LIMITED TIME OR WHEN IN COURT 30
THE OPPOSING AFFIDAVIT 33
CONTENTS
OTHER LEGAL DOCUMENTS 34
TAKING ACTION 35
SECTION 6 HOW TO FIND & INSTRUCT A LAWYER 36
FREE LEGAL REPRESENTATION FOR THOSE IN NEED 36
QUALIFYING FOR FREE LEGAL REPRESENTATION 37
LIST OF LEGAL ASSISTANCE ORGANISATIONS 38
INSTRUCTING YOUR LAWYER 39
TAKING ACTION 40
SECTION 7 YOUR RIGHT TO EMERGENCY HOUSING 41
THE CITY HAS A DUTY TO PROVIDE ACCOMMODATION 41
MEANINGFUL ENGAGEMENT WITH THE CITY 42
STEPS THE CITY SHOULD TAKE 43
STEPS YOU SHOULD TAKE 44
TAKING ACTION 46
SECTION 8 GOING TO COURT 47
WHAT TO EXPECT WHEN GOING TO COURT 47
FINDING THE RIGHT COURT 48
FINDING THE RIGHT COURTROOM 48
LIST OF CAPE TOWN COURTS 49
FIRST APPEARANCE: OPPOSING & POSTPONING 50
SECOND/THIRD APPEARANCE (WITHOUT A LAWYER) 50
ARGUMENT 51
SETTLEMENT 51
THE COURT ORDER 52
TAKING ACTION 54
SECTION 9 WHAT TO DO AFTER YOUR COURT ORDER 55
WHEN AND HOW DO I RECEIVE A COURT ORDER? 55
WHAT TO DO ONCE A COURT ORDER IS RECEIVED 56
HOW EVICTIONS ARE EXECUTED BY THE SHERIFF 57
APPEALING A COURTS DECISION 59
TAKING ACTION 60
ADVICE ASSEMBLY & RECLAIM THE CITY 61
GLOSSARY 63
UNDERSTAND WHERE
YOU ARE IN THE
EVICTION PROCESS
READ INFO BOXES AND
USE THE GLOSSARY
You should rst look at the Eviction Process
Flow Diagram on page 4. This will give you
an overview of the entire process and help
you nd out where you are.
If there are any words you don’t understand
look for denitions in the glossary on page 63.
The most important concepts are highlighted
in info-boxes. Read these carefully so that
you understand the rest of the information.
At the end of each section there is a page
called “Taking Action”. You should do as
many of these as possible, as long as they
are relevant.
STEP 1
STEP 3
INTRODUCTION
THIS GUIDE
& EVICTION
HOW TO USE THIS GUIDE
This guide will
teach you your
rights as a tenant
and provide tips
and actions to help
you navigate the
eviction process.
THE EVICTION PROCESS
FLOW DIAGRAM (PAGE 4)
JUMP TO THE RELEVANT
SECTION AND LEARN
HOW TO TAKE ACTION
Once you understand where in the process
you are, use the Eviction process diagram
(page 4) or the contents page to jump to the
relevant page to nd out more and discover
what actions you should take.
STEP 2
1
No one may be evicted from their home,
or have their home demolished without an
order of court made after considering all
the relevant circumstances.
Being evicted can be a very traumatic experience. Having to worry about whether or not
you and your loved ones will have a roof over their heads tomorrow is an experience that
no one should have to endure. If there is anything you learn from this guide it’s this:
This means that you can’t be forced
to leave your home before the court
says you have to. If you have nowhere
to go your landlord cannot kick you out
without a court order! If they physically
remove you or lock you out of your
home they are committing a criminal
oense.
To grant an eviction order the court
must look at your personal circum-
stances and make a decision that
is JUST AND EQUITABLE . If you are
going to be made homeless by your
eviction the Municipality must provide
you with EMERGENCY HOUSING .
WHAT DOES EVICTION MEAN FOR YOU
-Section 26(3) of the Constitution
2
1JUST & EQUITABLE
EMERGENCY HOUSING
Just and equitable means that the decision
is fair, not biased, and takes into account
all relevant information.
Emergency Housing provides temporary
assistance in the form of access to land
and/or shelter (houses) in a range of
emergency situations. Currently the only
houses provided are zinc shacks.
This guide does not replace legal advice or representation. If you are
facing an eviction in court you should still get legal representation.
SEEK LEGAL
ADVICE
2
Remember that just because your
landlord has taken you to court
does not mean you are denitely
going to be evicted. There are many
circumstances where landlords try
to evict people unlawfully and this is
uncovered by the court. If you have
received papers saying you need
to go to court you should immedi-
ately CONSULT A LAWYER for legal
advice. They will tell you if you have a
chance of winning your case, and will
tell you what your options are.
There is no shame in being evicted.
You are not alone! We are in a hous-
ing crisis and landowners are valuing
prots over people. Rental prices have
become too expensive and this is push-
ing many people out of neighborhoods
they have lived in for over 50 years!
Join Reclaim the City in ghting against
a property system that is abusing the
poor. Become a housing activist and
be part of the change that is sweeping
through Cape Town, South Africa, and
the World. We have had enough, it is
time to ght back!
4
3
Lawyers can be very expensive. DO NOT
WORRY! If you can’t afford a lawyer, there
are free options such as Legal Aid and
Pro Bono lawyers from the Legal Practice
Council. This guide will help you nd a
lawyer who can represent you for free.
There is no shame
in being evicted.
You are not
alone! We are in
a housing crisis
and landowners
are valuing prots
over people.
CONSULT A LAWYER
HOW TO FIND LEGAL
ASSISTANCE (PAGE 36)
3
YOUR LANDLORD GIVES YOU A NOTICE TO VACATE
YOU NEED TO RESOLVE A DISPUTE WITH YOUR LANDLORD
THE SHERIFF DELIVERS PAPERS SAYING YOU ARE BEING EVICTED
If there is a dispute between you and your landlord, you can go to the Rental
Housing Tribunal to have the issue resolved. An example of a dispute is if your
landlord refuses to do maintenance on your home. Or they want to increase
your rent by more than normal.
A Notice to Vacate does NOT mean you have to leave your home. It means
that your landlord has cancelled your lease and would like you to move out. In
order for an eviction to be lawful your landlord must act in accordance with the
law (Prevention of Illegal Eviction from and Unlawful Occupation of Land Act).
When the Sheriff delivers (serves) the Notice of Motion it means that your
landlord is going to court to get you evicted. At this point you still DO NOT
have to leave your home. You must still go to court and the magistrate or judge
will decide if you are evicted or not. Attached to this Notice will be your landlord’s
Founding Afdavit, which contain the reasons you are being evicted.
SEE PAGE 7
SEE PAGE 15
SEE PAGE 23
Go to the Rental Housing Tribunal and make a complaint
Meaningfully engage with your landlord. Try resolve the matter so
that you can remain in the property or get more time to move out.
Ask the Sheriff to explain the documents to you. Read them
very carefully and write down important dates and information.
Seek legal assistance immediately. Make notes of anything that is not true
in your landlord’s afdavit.
ACTION
ACTION
ACTION
3
2
1
THE EVICTION
PROCESS
IDENTIFY YOUR NEXT STEP
COPY & SHARE
4
YOU SEEK LEGAL ASSISTANCE
THE CITY OF CAPE TOWN (MUNICIPALITY) FILES ITS REPORT
YOU OPPOSE YOUR EVICTION
If you have received court papers you should seek legal assistance as soon as
possible. The worst thing you can do at this stage is NOTHING, as this will make
it more difcult for you when you go to court. Just because you have received
court papers does not necessarily mean you will lose in court and be evicted.
Getting good legal advice immediately could save you from homelessness.
The Municipality has an obligation to house anyone who will be made homeless
by an eviction. They should do an investigation in to your circumstances and if
you qualify they will offer you emergency accommodation.
Opposing your eviction is very important if you do not want to be evicted or would
like more time than your landlord is willing to give you. You can oppose your
eviction by ling Opposing Papers (called the Notice of Intention to Oppose), or
you can oppose in-person in court. Attached to this Notice will be your Opposing
Afdavit. This afdavit is your side of the story, and why you think your eviction
is unlawful or unjust.
SEE PAGE 36
SEE PAGE 41
SEE PAGE 28
If you cannot afford to hire a lawyer you can go to a pro bono
(free) law clinic like Legal Aid or the go to the Cape Law Society
(now called the Legal Practices Council), who will provide you with a lawyer.
First make sure the City has submitted its report to the court. If
not the matter cannot continue until they have. Once submitted
you should read the report carefully. If the place they want to move you to is too
far away or would have a big (negative) effect on your life you should object.
If you have a lawyer, tell them you want to oppose your eviction
and that they must le opposing papers. If you do not have a
lawyer you must go to court on the date given in the Notice of Motion (step
3) and tell the court you are opposing your eviction and that you need a
postponement in order to nd legal representation.
ACTION
ACTION
ACTION
4
5
6
5
YOUR LANDLORD FILES A REPLYING AFFIDAVIT
YOU OR YOUR LAWYER ARGUE YOUR CASE IN COURT
YOU RECEIVE A COURT ORDER
A Replying Afdavit is an opportunity for your landlord to reply to what you put
in your Opposing Afdavit. They may disagree with the facts you have set out
in your afdavit and will challenge them in their replying afdavit.
Argument in court usually does not happen the rst time you go to court. Once
both sides are ready to argue you will go to court again and argue your case
based on the afdavits you have already submitted. It is very important that
all relevant information goes into your afdavit, as the court will base their
decision on this and will not allow new information in court.
A Court Order is the ofcial decision by a magistrate/judge and is legally
binding. In an eviction the Court Order must be communicated to you in a
document given to you by the Sheriff. The court order will say whether or not
you are evicted and what date you have to vacate the property.
SEE PAGE 34
SEE PAGE 47
SEE PAGE 55
Read this afdavit carefully. If you do not agree with anything
in it you should tell your lawyer and try to nd evidence
showing that what they are saying is not true or accurate.
Even though you have a layer, you should still go to court.
You must listen to everything your lawyer and your landlord’s
lawyer say in court. Any agreement that your legal representative makes
will be binding on you, so you must demand to know what is going on
at all times.
If you are not evicted you carry on living in your current
property. If you are evicted you need to note the date you
need to vacate by and make plans to move out by then. If you think the
magistrate made a mistake you can appeal the decision. You should get
legal advice before you make an appeal.
7
8
9
ACTION
ACTION
ACTION
6
SECTION 1
THE RENTAL
HOUSING TRIBUNAL
RESOLVING DISPUTES WITH YOUR LANDLORD
Settling disputes
at the RHT is a
free process that
does not require
a lawyer and is
usually much
quicker than
going to court.
COURT ORDER
Sometimes disputes between tenants
and landlords cannot be resolved
through meaningful engagement
(See page 20).
In such cases the RENTAL HOUSING
TRIBUNAL (RHT) investigates and
tries to resolve the issues.
Having your dispute heard is free and
does not require a lawyer, although
you can have one present if you want.
A decision by the RHT carries as
much weight as a COURT ORDER,
but the process is usually quicker.
1
2
3
4
Is an ofcial order that has been written by the judge/magistrate of the court and must to be obeyed.
A court order authorises the carrying out of certain steps by one or more parties. E.g. If you are
evicted you must leave the property by a certain date. Consequences for failing to comply with a
court order (acting in contempt of a court order) can include criminal sanctions (e.g. nes or jail
time) and in the case of an eviction order, a sheriff (possibly with the assistance of SAPS) can use
appropriate force to physically remove you from the property.
7
IMPORTANT TRIBUNAL RESTRICTIONS
CONTACTING THE TRIBUNAL
When meaningful
engagement is
unable to resolve
a dispute, you
should contact
the Tribunal.
RENTAL HOUSING TRIBUNAL
The RHT is a decision-making body com-
prising of five members appointed by
Government, who each have expertise in
Housing. These members are independent
and do not work for the housing department.
Anyone can contact or approach the RHT
at any time for enquiries or general infor-
mation regarding their rights and duties as
a tenant or landlord.
Once you have decided what category
your complaint falls under and lled out the
relevant forms (see page 9), you should
visit their oices in person to submit your
complaint and ask any questions you may
have about the process.
If your landlord has started eviction pro-
ceedings against you (you have received
a document saying you have to go to court)
or if your lease has already expired or
been terminated then you cannot go to
the Rental Housing Tribunal.
If you have already made a complaint at
the Rental Housing Tribunal your landlord
cannot start eviction proceedings in
court against you for three months or
until the Tribunal has made a decision
on your matter.
1 2
Rental Housing Tribunal Ofce:
Address:
Department of Housing
Ground Floor
27 Wale Street
Cape Town City Centre
Telephone: 0860 106 166
Please call me: 079 769 1207
SMS: “Help” to 31022
Email: rht.enquiries@westerncape.gov.za
Hours: Mon–Fri, 7:30AM–3PM
CONTACT THE RHT TODAY!
8
IS MY COMPLAINT VALID?
FAILURE TO REFUND DEPOSIT
EXORBITANT INCREASE IN RENTAL
MUNICIPAL SERVICES NOT PROVIDED
FAILURE TO ACCEPT YOUR NOTICE
MUNICIPAL SERVICES NOT PAID
UNLAWFUL NOTICE TO VACATE
Your landlord has not returned
your deposit after you’ve left the
property.
Your landlord has increased the
rent more than usual or by an
unaffordably high amount.
Your landlord has failed to provide
municipal services (e.g. water;
refuse and sewerage.
Your landlord doesn’t accept that
you have decided to leave after
giving them your notice and wants
you to stay and keep paying rent.
If you (the tenant) are supposed
to pay for municipal services but
have not, your landlord will make
a complaint against you using
this form.
The Notice to Vacate you received
is unlawful (See page 10 on unlaw-
ful Notices to Vacate)
FORM A
FORM C
FORM E
FORM D
FORM F
FORM B
If your dispute is
listed below, you
have grounds to
lay a complaint at
the Tribunal.
Identify all the forms that are relevant
to issues you are having with your
landlord. Download them or ask for
them at the Tribunal oice.
Submit forms to the Tribunal oice.
For urgent matters you may need to
get a Spoliation Order (coming soon).
1
2
3
URGENT!
TRIBUNAL
COMPLAINTS
COPY & SHARE
9
www.evictions.org.za/complaint-forms
FIND ALL FORMS ONLINE
FAILURE TO DO MAINTENANCE
UNILATERAL CHANGES TO AGREEMENT
UNLAWFUL SEIZURE OF POSSESSIONS
FAILURE TO PROVIDE COPY OF LEASE
CLAIM FOR LOWERING OF RENTAL
UNLAWFUL EVICTION OR LOCKOUT
UNLAWFUL ENTRY
FAILURE TO PROVIDE PAYMENT RECEIPTS
FAILURE TO PROVIDE A WRITTEN LEASE
OTHER COMPLAINTS
Your landlord is failing to do
proper and required mainte-
nance on your home.
Your landlord has made changes
to the lease without your agree-
ment or consent.
Your landlord takes your things
from the property or takes things
from the property that belong to
him but you have a right to use.
Your landlord refuses to give
you a copy of the lease.
You think your current rental
amount is too high and unfair
you can ask for it to be reduced.
Your landlord has unlawfully
evicted you or changed the locks
so you can’t get into the house.
Your landlord comes into your
home without proper notice,
or when you are not at home.
Your landlord refuses to provide
you with monthly statements or
receipts for payment of rental
after you have asked for them.
You have a verbal lease your
landlord has a duty to turn it in to
a written lease if you ask them.
You have any other dispute that
is not on this list but you think it
is important.
FORM G
FORM I
FORM K
FORM M
FORM O
FORM H
FORM J
FORM L
FORM N
FORM P
URGENT!
10
THE TRIBUNAL
PROCESS
A STEP-BY-STEP GUIDE
IDENTIFY YOUR COMPLAINTS
FILL IN RELEVANT FORMS
Use the list of Tribunal Complaints (see page 9) to
check if your complaint is valid. If you are unsure
about whether you have a valid complaint, submit it
anyway! The Tribunal will tell you if it is valid or not.
When going to the Tribunal with a complaint, you must
always ll in the Main Complaint form. That form must
then be accompanied by the specic complaint forms
related to your situation.
Your landlord entered your house
without asking and has not xed
a hole in your ceiling.
Write down a history of your landlord’s
unfair practices and include as much
detail as possible:
•Names of the people involved
•Dates when you had discussions
with people
•Where you had those discussions
•What was said
•You can also take photos of your
house to show that the landlord
has not done maintenance.
You should have three copies of all important documents:
two for the RHT and one for you (you keep the originals).
ALWAYS KEEP RECORDS
MAKING COPIES OF FORMS
STEP 1
STEP 2
EXAMPLE SCENARIO
INFO AND DOCUMENTS YOU NEED TO MAKE A COMPLAINT AT THE RHT
MAIN
FORM FORM J
UNLAWFUL ENTRYALWAYS REQUIRED MAINTENANCE
FORM G
OFFICIAL ID / PERMIT
COPIES OF LEASE (IF THERE IS ONE) SUPPORTING EVIDENCE (PHOTOS, PAYMENT RECEIPTS ETC.)
YOUR CONTACT DETAILS LANDLORD’S CONTACT DETAILS
COPY & SHARE
11
SUBMIT YOUR DOCUMENTS
THE RHT RECORDS YOUR COMPLAINTS
Complaint forms, as well as any other relevant supporting
documentation, need to be delivered, in person, to the
Rental Housing Tribunal (see page 8 for contact information).
After Tribunal staff receive your complaint they open a le
and give it a case reference number. This is a number
that will be used to track your complaint. About two
weeks later, you and your landlord should receive a letter
from the Tribunal saying that your complaint has been
received, and should include your case reference number.
You should get a phone call from
a Tribunal staff member. If they
call, ask them for their name and
for your case reference number.
Ask if they have sent the letter
and ask for the contact details of
the case ofcer assigned to your
matter. If you do not hear anything
after two weeks, call the Rental
Housing Tribunal to follow-up.
Keep following up regularly!
Take copied documents along
with the originals, to a police
station, a bank, a post ofce or
a lawyer to have them certied
free of charge.
FOLLOW UP WITH
YOUR COMPLAINT
HOW TO CERTIFY
STEP 3
STEP 4
www.evictions.org.za/complaint-forms
FIND ALL FORMS ONLINE
STEPS TO TAKE WHEN SUBMITTING DOCUMENTS
MAKE 2 CERTIFIED COPIES OF ALL DOCUMENTS
SUBMIT 2 COPIES OF ALL DOCUMENTS TO THE TRIBUNAL
RECORD THE DATE OF SUBMISSION ON THE ORIGINAL FORMS (THE COPY YOU KEEP)
RECORD THE STAFF MEMBER’S NAME YOU SUBMITTED TO, ON THE ORIGINAL FORMS
GET WRITTEN CONFIRMATION OF YOUR SUBMISSION FROM THE TRIBUNAL (COULD BE A STAMP)
KEEP ALL ORIGINAL DOCUMENTS SAFE
1
2
3
4
5
6
YOU MUST HAVE THIS INFORMATION
BEFORE YOU SUBMIT
12
TRIBUNAL STAFF INVESTIGATE YOUR COMPLAINTS
TRIBUNAL STAFF DECIDE WHETHER A VALID DISPUTE EXISTS
RESOLVING YOUR DISPUTE WITH THE TRIBUNAL
Tribunal staff check whether your complaint qualies as an unfair practice. This check is called a
preliminary investigation. If they think they need more details, they can ask for more information from
you or your landlord to help them understand the complaint. Tribunal staff can also get an inspector to
inspect the property. If you think it is necessary you must ask that they come and do an inspection.
After the investigation, the Tribunal staff decide whether or not the complaint qualies as an unfair
practice. After you submit the complaint, they then have 30 days to make a decision. If they do not think
your complaint involves an unfair practice, they must send a letter to let you know and give reasons.
If the Tribunal staff think that an unfair practice may be involved, they will continue to try solve the
dispute, and must let you know about what is decided.
A case ofcer is appointed to your case. This case ofcer is supposed to contact you and the landlord.
The case ofcer might rst try to resolve the matter by calling you and your landlord to discuss and
nd a solution that suits both parties. If the matter cannot be resolved then the case ofcer decides
whether the dispute can be resolved through MEDIATION , or whether a TRIBUNALHEARING
is required.
STEP 5
STEP 6
STEP 7
TRIBUNAL HEARINGMEDIATION
Both parties share the facts of their dispute to
members of the Tribunal board and the board
then makes a ruling based on these facts and
the circumstances of the case.
A meeting where both sides try to come to
an agreement after discussing the problem,
with the help of a neutral person, in this case,
from the Tribunal.
13
ATTENDING MEDIATION
ATTENDING A TRIBUNAL HEARING
HIGH COURT REVIEW
The mediator listens to both parties and asks questions
to help them come to an agreement. If you come to an
agreement, you sign the agreement and both parties do
what was agreed to. This mediated agreement is binding.
It has the same power as a court order. If you do not
come to an agreement, the next step is to have a hearing.
If mediation fails, you will be given a hearing date by your case ofcer. The hearing will be held at the
Tribunal ofce (see page 8).
In the hearing, each party is asked to share the facts of their case. At least three Tribunal members
will be present at the hearing. They ask the parties questions, and may ask for documents to prove
your case. It is not as formal as a court, and you do not need to have lawyers or legal representation.
However, in some cases it helps to have a lawyer.
After hearing both sides, the Tribunal members make a ruling. The ruling is communicated to the parties
a few days after the Hearing. The ruling has the same power as a ruling by a Magistrates’ Court. If you or
the landlord would like to challenge the decision, you have to go to the High Court as soon as possible.
If one of the parties is not happy with the
conclusion reached by the end of this
process, they may have the decision
reviewed by the High Court.
STEP 8
STEP 9
STEP 10
If you require a translator or have
a disability, ask your case ofcer
to arrange a translator or make
special arrangements for your
disability during your mediation
or Tribunal hearing.
REQUEST A TRANSLATOR
If you feel that your complaint has not been dealt
with correctly or they closed your case incorrectly,
you can report this to Nathan Adriaanse, the Director
of Communication and Stakeholder Relations at the
Department of Human Settlements. You can also
report staff who treat you disrespectfully or unfairly.
Email: Nathan.Adriaanse@westerncape.gov.za
Tel: +27 (0) 21 483 2868
REPORT UNFAIR TREATMENT
CONTACT NATHAN ADRIAANSE
CONTACT THE HIGH
COURT (PAGE 47)
14
SECTION 2
RECEIVING A
NOTICE TO VACATE
If you receive a
letter from your
landlord telling you
to leave your home,
this does not mean
you are evicted.
You cannot be
evicted without an
order of court!
1
2
3
4
Receiving NOTICE TO VACATE
does not mean you must leave
your home.
You can still engage with your
landlord to resolve any issues
between you (outstanding rent etc.).
If you cannot resolve these issues,
you may need to go to court.
Going to court can be expensive
and time-consuming. It is always
recommended to settle any dis-
putes without going to court.
NOTICE TO VACATE
A conversation, letter, email, SMS or Whatsapp
message from your landlord, or their lawyer,
in which they state that they have cancelled
your lease and that you must vacate the
property by a certain date.
Always keep a record of all your documents
and conversations with your landlord.
Write down the date and details of the
conversation so that you always have
proof it happened.
ALWAYS KEEP A PAPER TRAIL
WHAT DOES IT MEAN TO RECEIVE A NOTICE TO VACATE
EXAMPLE ON PAGE 18
15
WHEN CAN A LANDLORD SEND A NOTICE TO VACATE
If you breach
the conditions
of your lease
your landlord
is entitled to
cancel it.
The Notice to Vacate is the landlords way
of canceling your lease and telling you they
want you to leave by a certain date.
Breaching of the conditions of your lease
may include: not paying your rent, inten-
tionally causing serious damage to the
property, using illegal substances on
the property, or using the property for
non-residential purposes.
1
2
SIGNS OF AN UNLAWFUL NOTICE
If any of the
following points
apply to your
Notice to Vacate,
you have grounds
to challenge it.
Many notices to vacate are unfair
or unlawful.
If you feel the notice your landlord
gave you was unfair, you should
point it out to them.
If your Notice to Vacate is unfair or
unlawful, you should take it to the
Rental Housing Tribunal and ll in
the relevant complaint form (see
page9).
1
2
3
INSUFFICIENT NOTICE BREACH OF TERMS OF LEASE
If the Notice to Vacate gives you less than
a month (30 days) to leave the property.
If the Notice to Vacate gives you less time to
leave than what was agreed in your lease.
1 2
16
SUDDEN TERMINATION OF LEASE NOTICE DUE TO CONFLICT
UNTRUE STATEMENTS IN NOTICE UNFAIR PRACTICE
If the landlord suddenly ends/cancels your
lease without an explanation and if you feel
you have done nothing wrong.
If the landlord suddenly gives you a Notice
to Vacate after you had a disagreement,
or if you raised a complaint against them.
If the Notice to Vacate says something that
is untrue or is not representative of the facts.
If the Notice to Vacate constitutes an unfair
practice.
3 4
5 6
17
THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE.
%
THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE. THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE.
BEFORE a landlord/landowner starts the court process to evict you they
often send you a letter to CANCEL your lease and ASK you to LEAVE your
home. This letter is called a NOTICE TO VACATE. It is not a court order!
Notice to Vacate
Angela
Attorneys and conveyancers
111 Granger Drive
PO BOX 1000
Cape Town 8000
Karen Thomas
21 Chapel Street
Woodstock
Cape Town
4 June 2017
Dear Madam
Re: Lease Agreement 21 Chapel Street, Woodstock
ERF 31343 Cape Town
We represent your landlord Big Properties (our client) registered as the owner of the
abovementioned property and take our instructions from the same.
Our instructions herein are that you currently live on the premises without a written lease
agreement, and as such your verbal lease agreement is on a month-to-month basis.
It is our further instruction to inform you that our client has elected to cancel your lease of the
property. Our client has chosen to redevelop the property, and requires that you vacate as
soon as possible. This letter serves as your one month’s notice and you are required to vacate
the property.
We hereby give you one month’s written notice to vacate the premises by the 31st July 2017.
Should you have any queries please do not hesitate to contact the writer thereof.
Yours faithfully,
Shahied Davids
Attorney
Angela Attorneys & Conveyancers
Tel: (021) 013 5096 E-mail: Contact@angelaattorneys.org.za
THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE.
%
THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE. THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE.
BEFORE a landlord/landowner starts the court process to evict you they
often send you a letter to CANCEL your lease and ASK you to LEAVE your
home. This letter is called a NOTICE TO VACATE. It is not a court order!
Notice to Vacate
Angela
Attorneys and conveyancers
111 Granger Drive
PO BOX 1000
Cape Town 8000
Karen Thomas
21 Chapel Street
Woodstock
Cape Town
4 June 2017
Dear Madam
Re: Lease Agreement 21 Chapel Street, Woodstock
ERF 31343 Cape Town
We represent your landlord Big Properties (our client) registered as the owner of the
abovementioned property and take our instructions from the same.
Our instructions herein are that you currently live on the premises without a written lease
agreement, and as such your verbal lease agreement is on a month-to-month basis.
It is our further instruction to inform you that our client has elected to cancel your lease of the
property. Our client has chosen to redevelop the property, and requires that you vacate as
soon as possible. This letter serves as your one month’s notice and you are required to vacate
the property.
We hereby give you one month’s written notice to vacate the premises by the 31st July 2017.
Should you have any queries please do not hesitate to contact the writer thereof.
Yours faithfully,
Shahied Davids
Attorney
Angela Attorneys & Conveyancers
Tel: (021) 013 5096 E-mail: Contact@angelaattorneys.org.za
THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE.
%
THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE. THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE.
BEFORE a landlord/landowner starts the court process to evict you they
often send you a letter to CANCEL your lease and ASK you to LEAVE your
home. This letter is called a NOTICE TO VACATE. It is not a court order!
N
otice to Vacate
Angela
Attorneys and conveyancers
111 Granger Drive
PO BOX 1000
Cape Town 8000
Karen Thomas
21 Chapel Street
Woodstock
Cape Town
4 June 2017
Dear Madam
Re: Lease Agreement 21 Chapel Street, Woodstock
ERF 31343 Cape Town
We represent your landlord Big Properties (our client) registered as the owner of the
abovementioned property and take our instructions from the same.
Our instructions herein are that you currently live on the premises without a written lease
agreement, and as such your verbal lease agreement is on a month-to-month basis.
It is our further instruction to inform you that our client has elected to cancel your lease of the
property. Our client has chosen to redevelop the property, and requires that you vacate as
soon as possible. This letter serves as your one month’s notice and you are required to vacate
the property.
We hereby give you one month’s written notice to vacate the premises by the 31st July 2017.
Should you have any queries please do not hesitate to contact the writer thereof.
Yours faithfully,
Shahied Davids
Attorney
Angela Attorneys & Conveyancers
Tel: (021) 013 5096 E-mail: Contact@angelaattorneys.org.za
EXAMPLE OF A NOTICE OF MOTION
YOUR NAME
CANCELLATION OF LEASE
YOUR LANDLORD OR THEIR LAWYERS DETAILS
NOTE
Unlike the formal legal documents, the Notice to Vacate can vary depending who wrote
it. In other words they won’t all look like this one.
THIS IS YOUR NOTICE PERIOD
The date your landlord wants you
out of the property.
18
Keep a record and proceed to step 3.
RECEIVING A NOTICE TO VACATE
TAKING ACTION
CHECK THAT YOUR NOTICE TO VACATE IS LAWFUL
SET UP A MEETING WITH YOUR LANDLORD
MEET YOUR LANDLORD AND TRY TO RESOLVE ISSUES
IF YOU LANDLORD AGREES TO MEET
TASK TO COMPLETE DONE
1
2
3
16
21
20
Use email, SMS, Whatsapp, a phone call or a face-to-face conversation to set up a meeting
between you and your landlord to discuss your Notice to Vacate.
Engage meaningfully with your landlord and highlight the particular details of your situation.
If there are issues like outstanding rent or property damage, use this time to resolve them.
Proceed to step 2.
Congratulations, you can continue
living in your home! Keep a record of
the terms of your new agreement for
future reference.
Challenge your Notice to Vacate at the
rental housing Tribunal (see page 7).
Keep records of any attempts to engage.
This will serve as evidence to strengthen
your case if it ends up going to court.
If you cannot resolve the issues, you
can either engage with your landlord
and negotiate a suitable timeline to
vacate OR seek legal advice and await
the delivery of a Notice of Motion by a
sheriff (page 23).
PAGE
IF YOU LANDLORD WON’T MEET
IF NOTICE TO VACATE IS LAWFUL IF NOTICE TO VACATE IS UNLAWFUL
IF YOU RESOLVE ISSUES IF YOU CAN’T RESOLVE ISSUES
Receiving a Notice of Vacate does not mean you are evicted! Use this guide to check that
your Notice to Vacate is lawful. This is a good time to attend an Advise Assembly (see page 61).
19
SECTION 3
ENGAGING WITH
YOUR LANDLORD
Resolving issues
with your landlord
before they
escalate to the
point of eviction,
is always the best
way to avoid any
legal action.
1
2
3
ENGAGING MEANINGFULLY with
your landlord around important
issues as they arise is always the
best way to avoid eviction.
If you receive a Notice to Vacate
and cannot resolve the issues
through meaningful engagement it
is likely to become a legal process.
Going to court to dispute an
eviction is a time consuming,
emotional and expensive process.
It is advisable to settle issues out
of court, but only if you are certain
that you can stick to what has
been agreed.
It is helpful to have proof that you attempted
to resolve these issues with your landlord and
that they were the ones who didn’t want to
engage. Keep records of ALL communication
between yourself and your landlord.
KEEP RECORDS OF ENGAGEMENT
WHY IS MEANINGFUL ENGAGEMENT IMPORTANT?
MEANINGFUL ENGAGEMENT
Meaningful engagement is not a legal
process. It means that both parties sit down
and honestly try to resolve the issues that
led to you receiving notice. If your landlord
meets with you but does not properly listen
or entertain your suggestions, they are not
engaging meaningfully.
20
AN ISSUE ARISES BETWEEN TENANT AND LANDLORD
THE LANDLORD THREATENS TO CANCEL THE LEASE
TENANT MEANINGFULLY ENGAGES WITH LANDLORD
1
AN EXAMPLE OF MEANINGFUL ENGAGEMENT
Angela Khumalo is in arrears because she has not paid
her rent. Two weeks ago her landlord sent her a letter
demanding that she pay her rent or he will cancel the
lease. She should have engaged her landlord at this
point, but was too scared.
Angela receives another letter under her door saying that
her lease is cancelled and that she needs to leave the
property by the end of the next month.
Angela overcomes her fears and schedules a meeting
to meaningfully engage with her landlord to resolve the
payment problems she has been having. She arranges
to pay her outstanding rent and as a result her landlord
reinstates her lease and she is able to continue living in
the property.
1
2
3
RECEIVING A NOTICE TO
VACATE (SEE PAGE 15)
21
AN ISSUE ARISES BETWEEN TENANT AND LANDLORD
TENANT MEANINGFULLY ENGAGES WITH LANDLORD
ENGAGING WITH YOUR LANDLORD
TAKING ACTION
CONTACT YOUR LANDLORD AND ARRANGE A MEETING
PREPARE YOURSELF
TAKE SOMEONE WITH YOU
DON’T LET YOURSELF BE BULLIED
RECORD THE OUTCOME
TAKE FURTHER ACTION IF AN AGREEMENT CANNOT BE REACHED
TASK TO COMPLETE DONE
1
2
3
4
5
6
As soon as a problem arises, you should contact your landlord by telephone and arrange
a time and place to meet. You should also send them an email, SMS or Whatsapp message.
This is important because this message can be saved as proof of attempted engagement.
In order to negotiate you need to know the law and your rights. Read the rest of this
guide and, if possible, attend a Reclaim the City Advice Assembly (see page 61) to prepare
yourself for the meeting with your landlord.
Engaging with your landlord can be stressful. If possible, take someone with your for
support. This person can also be a witness to any statements made by your landlord.
With knowledge and support, you are less likely to be bullied. If you are bullied, explain
that you know your rights and that what they are doing is unlawful and can be used against
them in court or at the Rental Housing Tribunal (see page 7).
Keep a record of any documents from, or conversations with, your landlord. Write down
the date and details of any conversations as proof that they happened.
If a solution that suits both you and your landlord is not reached, you should approach
the Rental Housing Tribunal (page 7) and seek legal advice (see page 36).
22
SECTION 4
RESPONDING TO
LEGAL DOCUMENTS
Once you receive
a notice of motion,
the legal process
has begun. You
need to act
immediately and
seek legal advice
and assistance.
1
2
3
4
A NOTICE OF MOTION will be
delivered and explained to you
by the Sheri. You will be asked
to sign and conrm you have
received and understand the notice.
A FOUNDING AFFIDAVIT will
also be delivered and should be
attached to the Notice of Motion.
You should seek legal advice
immediately (see page 36).
For free advice and support
on how to proceed from here,
attend the Reclaim the City Advice
Assembly (see page 61).
RECEIVING & RESPONDING TO A NOTICE OF MOTION
NOTICE OF MOTION
This document noties you that your land-
lord is going to court to get you evicted.
It does not mean you have to leave your
home. You can oppose your eviction.
EXAMPLE ON PAGE 25
FOUNDING AFFIDAVIT
A document delivered along with the Notice
of Motion that contains the reasons (grounds)
your landlord has given for your eviction as well
as the facts they will be relying on.
EXAMPLE ON PAGE 26
23
A notice of motion
is a document
that outlines the
details of your
legal proceedings.
It is important that
you understand
these details and
respond correctly.
1
2
These details include:
•
What court you must appear in
• The date of your hearing
•
The date by which you need to
le OPPOSING PAPERS.
•
By when and to whom you must
submit your opposing papers.
You must go to court on the date
specied. If you fail to appear in
court, the judge can rule against
you in your absence. This is
known as a default judgement.
WHAT IS A NOTICE OF MOTION
Remember, a lawful eviction can only be
ordered by the court. This means you cannot
be forced to vacate (move out) until there has
been a fair and proper court process.
GOLDEN RULE: YOU CANNOT BE
EVICTED WITHOUT A COURT ORDER
Opposing papers are the documents you
must submit to the court to say that you are
opposing your eviction. Opposing papers
consist of a Notice of Intention to Oppose and
your Opposing Afdavit.
OPPOSING PAPERS
Reclaim the City holds a weekly Advice
Assembly in various locations around Cape
Town. This is a place for people who are
facing eviction to gather, share, and get
advice and support from legal professionals
and other tenants who have gone through
an eviction before. (See page 61)
ATTEND AN ADVICE ASSEMBLY
EXAMPLE ON PAGE 31
HOW TO FIND LEGAL
ASSISTANCE (PAGE 36)
24
EXAMPLE OF A NOTICE OF MOTION
THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE.
4
THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE. THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE.
Legal proceedings to evict you officially start when you receive a NOTICE OF
MOTION. The Notice of Motion is the first legal document that the landlord or
her/his legal representative will give to you. It represents the beginning of an
EVICTION APPLICATION in the court.
Notice of Mo tion
IN THE MAGISTRATES COURT FOR THE DISTRICT OF CAPE TOWN
HELD AT CAPE TOWN
CASE NO : 5847 / 2016
In the matter between:
BIG PROPERTIES
Applicant
(Registration Number: 2010/0054896/07)
and
KAREN THOMAS
First Respondent
And all those holding under her and / or any
other persons(s) who also occupy the premises
vis-à-vis the Respondent
CITY OF CAPE TOWN
Second Respondent
NOTICE OF MOTION
TAKE NOTICE THAT that Big Properties, (hereinafter called the Applicant)
hereby makes an application to this honourable court for an order in
terms of S4(1) of the Prevention of Illegal and Unlawful Occupation of
Land Act 19 of 1998, evicting the First Respondent and all those who
hold title under them from the property known as Helium Heights.
THE RESPONDENT(S)
This is you and anyone else living in the property.
Their names will only be mentioned if they are
over 18 years of age.
BODY OF DOCUMENT
Explains what the Notice is about. I.e. an evic-
tions, details of the property, who the occupiers
are, and the law they will be relying on.
THE MUNICIPALITY IF THEY ARE CITED
If they are not here then you must tell your
lawyer and the court they should be cited.
COURT YOU NEED TO BE IN
APPLICANT (YOUR LANDLORD)
TYPE OF DOCUMENT
THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE.
%
THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE. THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE.
BEFORE a landlord/landowner starts the court process to evict you they
often send you a letter to CANCEL your lease and ASK you to LEAVE your
home. This letter is called a NOTICE TO VACATE. It is not a court order!
N
otice to Vacate
Angela
Attorneys and conveyancers
111 Granger Drive
PO BOX 1000
Cape Town 8000
Karen Thomas
21 Chapel Street
Woodstock
Cape Town
4 June 2017
Dear Madam
Re: Lease Agreement 21 Chapel Street, Woodstock
ERF 31343 Cape Town
We represent your landlord Big Properties (our client) registered as the owner of the
abovementioned property and take our instructions from the same.
Our instructions herein are that you currently live on the premises without a written lease
agreement, and as such your verbal lease agreement is on a month-to-month basis.
It is our further instruction to inform you that our client has elected to cancel your lease of the
property. Our client has chosen to redevelop the property, and requires that you vacate as
soon as possible. This letter serves as your one month’s notice and you are required to vacate
the property.
We hereby give you one month’s written notice to vacate the premises by the 31st July 2017.
Should you have any queries please do not hesitate to contact the writer thereof.
Yours faithfully,
Shahied Davids
Attorney
Angela Attorneys & Conveyancers
Tel: (021) 013 5096 E-mail: Contact@angelaattorneys.org.za
25
THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE.
10
THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE.
The FOUNDING AFFIDAVIT is attached to the NOTICE OF MOTION. It is
a statement from the landlord or person in charge. It explains why you are
being evicted. It is their side of the story.
Foundi ng Aff idavit
IN THE MAGISTRATES COURT FOR THE DISTRICT OF CAPE TOWN
HELD AT CAPE TOWN
CASE NO : 5847 / 2016
In the matter between:
BIG PROPERTIES
Applicant
(Registration Number: 2010/0054896/07)
and
KAREN THOMAS
First Respondent
And all those holding under her and / or any
other persons(s) who also occupy the premises
vis-à-vis the Respondent
CITY OF CAPE TOWN Second Respondent
FOUNDING AFFIDAVIT
I, the undersigned,
PETRONELLA ISAACS
do hereby make oath and say:
EXAMPLE OF A FOUNDING AFFIDAVIT
THE RESPONDENT(S)
This is you and anyone else living in the property.
Their names will only be mentioned if they are
over 18 years of age.
BODY OF DOCUMENT
Contains facts the landlord will be relying on,
reasons given for evicting you as well as their
personal circumstances and how your occupation
is affecting them.
THE MUNICIPALITY IF THEY ARE CITED
If they are not here then you must tell your
lawyer and the court they should be cited.
COURT YOU NEED TO BE IN
APPLICANT (YOUR LANDLORD)
TYPE OF DOCUMENT
26
RESPONDING TO LEGAL DOCUMENTS
TAKING ACTION
ASK THE SHERIFF TO EXPLAIN ALL DOCUMENTS 23
36
47
44
61
FIND LEGAL REPRESENTATION OR ADVICE
GO TO COURT
REQUEST A POSTPONEMENT TO FIND LEGAL REPRESENTATION
GO TO ADVICE ASSEMBLY
TASK TO COMPLETE DONE
1
2
3
4
5
The sheriff of the court will deliver your Notice of Motion and Founding afdavit to
your home personally. It is important that you ask the sheriff to explain all documents to
you fully. Do not sign until you know exactly what you are signing.
It is important that you seek legal advice or representation immediately (see page 36).
Once you receive your Notice of Motion, it means legal proceedings have ofcially begun.
If you do not appear in court on the day of your hearing, you will be evicted! Whether
or not you have found a lawyer, you must go to court and oppose your eviction.
Legal representation is a right of every South African. If you do not have a lawyer, you
must request a postponement from the judge in order for you to nd legal representation.
You should also show the court proof that you have attempted to nd legal representation.
Knowledge is key to understanding and navigating the eviction process. Go to the
Reclaim the City Advice Assembly to learn more about what to do after you have received a
Notice of Motion (see page 23).
PAGE
27
SECTION 5
HOW TO OPPOSE
YOUR EVICTION
If you do not
oppose your
eviction, the court
will have no choice
but to evict you!
It is important
that the judge
hears both sides of
the story.
1
2
3
If you are facing eviction and you
have nowhere else to live, you
must oppose your eviction by
appearing in court.
If you do not appear in court, there
will be no opposition to the Eviction
Application and the court will have
no choice but to grant the eviction.
Even if you don’t think you’ll win
(E.g. you haven’t been paying
rent), you can still go to court and
ask them to give you more time to
move out. This is very common.
THE IMPORTANCE OF OPPOSING
If you are going to be made homeless by
an eviction you need to contact the City of
Cape Town housing department as soon
as possible and ask them to provide emer-
gency alternative accommodation for you.
YOUR RIGHT TO
EMERGENCY HOUSING
If you do not go to court on the date of your
hearing YOU MAY BE EVICTED!
DON’T MISS YOUR COURT HEARING!
SEE PAGE 41 FOR HOUSING
DEPARTMENT DETAILS
28
If any of the
reasons above
apply to you, then
you should oppose
your eviction as
soon as possible.
1
2
3
OR
Get a lawyer and tell them you
want to oppose your eviction.
Your lawyer will draw up legal
papers and le them at court.
They will submit a Notice of
Intention to Oppose (see page
31). This means you are oicially
opposing your eviction.
VALID REASONS TO OPPOSE YOUR EVICTION
OPPOSING WHEN YOU RECEIVE YOUR NOTICE
NO GROUNDS FOR EVICTION
NO ALTERNATIVE HOUSING
PERSONAL CIRCUMSTANCES
You believe your landlord does not have the
grounds (proper reasons) to evict you and
that your eviction is UNLAWFUL.
You believe your eviction is LAWFUL, but
you have nowhere to go if you are evicted
and the Government needs to provide you
with Emergency Alternative Accommodation.
You believe your eviction is LAWFUL, but
because of your personal circumstances,
you need more time to move out.
1
3
2
You can draw up and le your own
Notice of Intention to Oppose with
the court. THIS IS NOT ADVISED.
EXAMPLES OF NOTICE
TO OPPOSE (PAGE 31)
HOW TO FIND LEGAL
ASSISTANCE (PAGE 36)
29
If there isn’t time
to nd a lawyer
to write and le
your legal papers,
or you are already
in court, then
you can oppose
your eviction in
person in court on
the date of your
hearing.
OPPOSING WITH LIMITED TIME OR WHEN IN COURT
In civil matters (such as evictions) the state is
NOT obligated to provide you with a lawyer.
However, in practice the court will allow a
certain amount of time for those who cannot
afford to pay for lawyer to get a free legal
representation from Legal Aid or elsewhere.
YOUR RIGHT TO A LAWYER
DO NOT MISS YOUR COURT DATE
WAIT TO BE CALLED
ASK FOR A POSTPONEMENT
Ensure you appear in the correct courtroom
on the correct date and time. If you fail to
appear, YOU MAY BE EVICTED!
Sit and wait quietly in the back of the court-
room until your case is called and you are
asked to approach the witness box.
When called to the witness box, tell the
judge that you are opposing your eviction
and that you need a postponement to nd
legal representation.
1
2
3
If you oppose your eviction and you lose you
may have to PAY THE LEGAL COSTS of
your landlord. However, the court is unlikely
to order costs against a tenant who does not
earn a lot of money and has a good reason
for opposing their eviction.
LIABILITY FOR LEGAL COSTS
FIRST APPEARANCE:
OPPOSING & POSTPONING
(PAGE 50)
30
THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE.
14
THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE.
The NOTICE OF INTENTION TO OPPOSE is a very important
document. It makes it clear to the court that you do not want to be
evicted and are challenging the eviction. You or your lawyers give these
documents to the landlord and their lawyers.
Notice of In tentio n to
Oppose
IN THE MAGISTRATES COURT FOR THE DISTRICT OF CAPE TOWN
HELD AT CAPE TOWN
CASE NO : 5847 / 2016
In the matter between:
BIG PROPERTIES
Applicant
(Registration Number: 2010/0054896/07)
and
KAREN THOMAS
First Respondent
And all those holding under her and / or any
other persons(s) who also occupy the premises
vis-à-vis the Respondent
CITY OF CAPE TOWN
Second Respondent
NOTICE OF INTENTION TO OPPOSE
TAKE NOTICE THAT the First Respondent hereby gives notice of its
intention to oppose the relief sought by the Applicant in these
proceedings.
EXAMPLE OF A NOTICE TO OPPOSE
THE RESPONDENT(S)
This is you and anyone else living in the property.
Their names will only be mentioned if they are
over 18 years of age.
BODY OF DOCUMENT
Formally informs the court you
are opposing your eviction
THE MUNICIPALITY IF THEY ARE CITED
If they are not here then you must tell your
lawyer and the court they should be cited.
COURT YOU NEED TO BE IN
APPLICANT (YOUR LANDLORD)
TYPE OF DOCUMENT
31
EXAMPLE OF A OPPOSING AFFIDAVIT
THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE.
17
THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE.
The OPPOSING AFFIDAVIT is the document where you reply to the things
the landlord said against you in the NOTICE OF MOTION. It is your side of
the story. It explains why you are challenging the eviction. This document is
signed by you as the occupier. It is given to your landlord and their lawyers.
The Op posing Affid avit
IN THE MAGISTRATES COURT FOR THE DISTRICT OF CAPE TOWN
HELD AT CAPE TOWN
CASE NO : 5847 / 2016
In the matter between:
BIG PROPERTIES
Applicant
(Registration Number: 2010/0054896/07)
and
KAREN THOMAS
First Respondent
And all those holding under her and / or any
other persons(s) who also occupy the premises
vis-à-vis the Respondent
CITY OF CAPE TOWN
Second Respondent
OPPOSING AFFIDAVIT
I,theundersigned,
KAREN THOMAS
doherebymakeoathandsay:
1. I am an adult female, currently employed at Cape Town events
and residing at Helium Heights with my family.
THE RESPONDENT(S)
This is you and anyone else living in the property.
Their names will only be mentioned if they are
over 18 years of age.
BODY OF DOCUMENT
The facts you will be relying on, the reason you think you
should not be evicted, your personal circumstances and
how the eviction will negatively affect you and your family.
THE MUNICIPALITY IF THEY ARE CITED
If they are not here then you must tell your
lawyer and the court they should be cited.
COURT YOU NEED TO BE IN
APPLICANT (YOUR LANDLORD)
TYPE OF DOCUMENT
32
An opposing
adavit is your
side of the story.
In this adavit
you respond to the
allegations made
against you by your
landlord in the
Notice of Motion.
1
2
3
4
An OPPOSING AFFIDAVIT is
drawn up by your lawyer.
They will sit down with you and
ask lots of questions regarding
your case. This is to help establish
your side of the story.
It is vital that you are always com-
pletely honest with your lawyer
as this document will be signed
under oath.
If you lie on this affidavit you
will be committing a crime and
it will be extremely diicult for
your lawyer to successfully argue
your case or they can withdraw
as your lawyer.
THE OPPOSING AFFIDAVIT
Being dishonest or withholding information
from your lawyer is bad for your case. You
must give them all the facts so they ght your
case the best they can. Client-attorney privilege
means that any information you give to your
lawyer must remain private between you two
and they cannot tell other people if you do
not want them to.
ALWAYS BE COMPLETELY HONEST
OPPOSING AFFIDAVIT
This document, written under oath, con-
tains your side of the story. It will include
the facts from your perspective as well
as your personal circumstances, which
must be taken in to account by the court
when deciding whether to evict you or not.
EXAMPLE ON PAGE 32
WHAT IS A NOTICE OF
MOTION? (PAGE 25)
33
OTHER LEGAL DOCUMENTS
During your
eviction case,
there may be a
need for your
lawyer to submit
new documents in
response to those
submitted by your
landlord. These
documents may
include:
REPLYING AFFIDAVIT
SUPPLEMENTARY AFFIDAVIT
A replying afdavit is a chance for the
landlord to reply to the story and facts
you put before the court in your opposing
afdavit. The landlord will have a chance
to deny or accept your version. This is also
the opportunity for the landlord to reply to
the afdavit by the City (see page 39 for
City’s report/afdavit).
A supplementary afdavit is a document
where you have a chance to respond to
any new matters that have come up during
the legal proceedings. This is a chance to
respond to the afdavit by the City, as well
as a chance to add anything you might
have left out of your opposing afdavit.
WHAT IS A NOTICE OF
MOTION? (PAGE 24)
In an eviction everything is argued on paper,
so it’s important to provide ALL information in
your afdavit. The court has a duty of care to
poor tenants and should ask you about your
personal circumstances before they make a
decision.
ENSURE ALL INFORMATION IS
PROVIDED IN YOUR AFFIDAVITS
34
OPPOSING YOUR EVICTION
TAKING ACTION
TASK TO COMPLETE DONEPAGE
30
30
REQUEST A POSTPONEMENT TO FIND LEGAL REPRESENTATION
OPPOSE YOUR EVICTION IN COURT
GO TO THE ADVICE ASSEMBLY
4
5
2
Every South African has a right to Legal representation. If you do not have a lawyer, you
must request a postponement from the judge in order for you to nd legal representation.
If you have already been looking for a lawyer, you must show the court proof of this, with a
letter from the law clinics you have already been to.
Tell the judge that you are opposing your eviction. If you do not have a lawyer yet, you
can make this statement yourself when you are called to the stand.
Knowledge is key to understanding and navigating the eviction process. Go to the
Reclaim the City Advice Assembly to learn how to oppose your eviction, and how to nd
legal representation.
47
GO TO COURT ON THE DATE OF YOUR HEARING
3
If you do not appear in court on the day of your hearing, you will be evicted! Whether
or not you have found a lawyer, you must go to court and oppose your eviction.
36
61
FIND LEGAL REPRESENTATION OR ADVICE
1
It is important that you seek legal advice or representation immediately (see page 36).
Once you receive your Notice of Motion, it means legal proceedings have ofcially begun.
35
Everyone has the
right to a lawyer. If
you have received
a Notice of
Motion, seek legal
representation or
advice as soon as
possible.
1
2
3
4
Having legal representation (see
next page for description of legal
advice vs. legal representation) is
a constitutional right aorded to
everyone in South Africa. If you
can’t aord a lawyer, you can
request free legal representation
from the State. This representation
is not guaranteed.
If you choose to represent your-
self, it is still recommended that
you seek legal advice.
If you are a South African citi-
zen, LEGAL AID SOUTH AFRICA
is the main form of government
funded legal assistance available
to you.
If you are not an SA citizen,
you can approach the Cape Law
Society (now legal practice coun-
cil) and any free legal clinics for
assistance (see page 38) or pay
for a private lawyer
FREE LEGAL REPRESENTATION FOR THOSE IN NEED
LIST OF FREE LEGAL
CLINICS (PAGE 38)
SECTION 6
HOW TO FIND &
INSTRUCT A LAWYER
When you go to court, it is extremely
important that you are able to prove to the
judge or magistrate that you have made
an effort to nd legal representation. Make
sure to request written responses from all
the legal clinics you have approached.
KEEP RECORDS OF ATTEMPTS
TO FIND LEGAL REPRESENTATION
36
QUALIFYING FOR FREE LEGAL REPRESENTATION
Certain law
clinics oer pro
bono (free) legal
assistance. To
qualify to receive
this assistance,
you must meet the
following criteria.
LIMITED OR NO EMPLOYMENT
HOUSEHOLD LIMITATIONS
PROPERTY VALUE
VALUE OF BELONGINGS
To qualify, you must either be unemployed
or earning less than R5500/month after tax.
If you are part of a household (2 or more
people) the household must earn less
than R6000/month after tax.
If you own a house, it, and all the belong-
ings inside it, cannot be worth more than
R500,000. You can only own one house
and it must be the one you are living in.
If you DO NOT own a house, then the total
value of all your belongings (for example,
your car, furniture, clothes and other personal
things) must not be worth more than R100 000.
1
2
3
4
Legal advice is when a qualied lawyer consults
with you, understands the facts of your matter
and gives you advice on what your options are.
However, they are not considered to be your
lawyer at this point.
Once a lawyer has ofcially taken on your matter,
you become their client and they are your legal
representative. This means they can go to court
and represent you.
THE DIFFERENCE BETWEEN LEGAL ADVICE & LEGAL REPRESENTATION
LEGAL ADVICE LEGAL REPRESENTATION
37
LEGAL AID SOUTH AFRICA LEGAL PRACTICE COUNCIL
UCT REFUGEE LEGAL CLINIC
LEGAL RESOURCE CENTRE
3rd Floor South African Reserve Bank
Building, 60 St Georges Mall, Cape Town,
8001
Tel: (021) 426 4126
Toll-Free Legal Advice: 0800 110 110
Send a Please Call Me: 079 835 7179
Email: legalaidadvice@legal-aid.co.za
Web: www.legal-aid.co.za
Open Hours: 8AM to 3PM (Mon-Fri)
Absa Centre,
2 Riebeek Street,
Cape Town
Tel: 021 443 6700
Email: cls@capelawsoc.law.za
Web: www.capelawsoc.law.za
Open Hours: 8AM to 5PM (Mon-Fri)
Refugee Rights Unit
4th Floor Kramer Law School, UCT Middle
Campus
Tel: 021 650 3775
Email: refugeelawclinic@uct.ac.za
Open Hours: 8:30AM to 4:30PM (Mon-Fri)
Closed everyday (1PM to 2PM)
54 Shortmarket Street,
Greenmarket Square,
Cape Town
Tel: 021 481 3000
Email: info@lrc.org.za
Web: www.lrc.org.za
Open Hours: 8AM to 3PM (Mon-Fri)
LIST OF LEGAL ASSISTANCE ORGANISATIONS
www.evictions.org.za/legal-aid
DETAILS AVAILABLE ONLINE
Do not just go to one place! The more law
clinics you go to, the better chance you have
of nding a lawyer quickly. Keep records of
all your attempts to nd legal representation.
ENQUIRE AT MULTIPLE LAW CLINICS
& KEEP RECORDS
BEST OPTION FOR SA CITIZENS BEST OPTION FOR NON-CITIZENS
BEST FOR REFUGEES & ASYLUM SEEKERS
38
NDIFUNA UKWAZI LAW CLINIC UCT LAW CLINIC
Tel: 021 012 5094
Email: contact@nu.org.za
Web: www.nu.org.za
Room 436 4th Floor Kramer Law School
Building, 1 Stanley Avenue, Rondebosch,
Cape Town, 7700
Tel: 021 650 3775
Email: uctlawclinic@uct.ac.za
Web: www.lawclinic.uct.ac.za
Open Hours: 8AM to 5PM (Mon-Fri)
INSTRUCTING A LAWYER
Instructing your
lawyer means
telling them all the
facts about your
case as well as
what outcome you
want.
1
2
3
If you feel you are being unfairly
evicted, you need to instruct your
lawyer to oppose your eviction.
Some pro bono (free) lawyers are
not eviction specialists. For this
reason, it is important that you
have a good understanding of the
entire eviction process. This will
allow you to know if your lawyer
is acting in your best interests.
If you feel your lawyer is not acting
in your best interests, you should
nd a new lawyer.
Fully understanding the entire eviction
process will allow you to better instruct
your lawyer and understand what steps
to take next.
READ THIS ENTIRE GUIDE
LIST OF FREE LEGAL
CLINICS (PAGE 32)
39
FINDING & INSTRUCTING A LAWYER
TAKING ACTION
TASK TO COMPLETE DONEPAGE
38
FOLLOW UP WITH LAW CLINICS
GET PROOF THAT YOU LOOKED FOR LEGAL REPRESENTATION
4
2
If you are waiting to hear back from a law clinic regarding legal representation, follow
up with them regularly. Email or phone them, or go to their ofces in person and request
an update on your case. Putting pressure on them can speed up the process and mean that
you nd representation faster.
Being able to prove in court that you made an effort to nd legal representation is very
important when seeking a postponement to your case. Be sure to get written responses
from any legal clinics that you approach, and keep records of all communications. If you do
not appear to have made an effort, the judge or magistrate may not grant you a postponement.
READ THIS GUIDE & ATTEND AN ADVICE ASSEMBLY
3
In order to instruct your lawyer properly, you need to understand the eviction process.
Be sure to read this entire guide and, attend an Advice Assembly (see page 61), if you can.
38
APPROACH A FREE LEGAL CLINIC
1
Legal advice and assistance is available to South African citizens and non-citizens
alike. However, only SA Citizens are eligible for free legal representation through Legal Aid.
Contact Legal Aid South Africa (page
38), and then as many other legal
clinics as possible.
Contact the Cape Law Society (page
38) and then as many other legal clinics
as possible.
IF YOU ARE A SA CITIZEN IF YOU ARE NOT A SA CITIZEN
40
SECTION 7
YOUR RIGHT TO
EMERGENCY HOUSING
The City of Cape
Town municipality
has a duty to
provide emergency
housing to anyone
who will be made
homeless by an
eviction.
1
2
3
4
The City of Cape Town must
be CITED in all eviction appli-
cations and must produce a report
on the availability of emergency
alternative accommodation for
those who qualify.
When served with papers, such
as the Notice of Motion (page 25)
and Section 4(2) Notice (page xx),
ensure the City is cited.
If the City is not cited, your lawyer
must cite them in the Opposing
Aidavit (page 32), and serve both
the City and your landlord.
When serving these papers, be
sure to include a letter stating you
will be made homeless, as well as
all relevant contact details so that
they cannot claim that they were
not able to contact you.
THE CITY’S DUTY TO PROVIDE ACCOMMODATION
BEING CITED
When someone is cited, they are ofcially
part of a court case. Citing someone means
ensuring that they appear on the court
papers as a respondent under your name.
41
City of Cape Town Municipality:
Address:
Civic Centre, Podium Block, 6th Floor,
12 Hertzog Boulevard,
Cape Town, 8001
Telephone: 086 010 3089
Email: contact.us@capetown.gov.za
Legal Services Department:
Telephone: 021 400 2908
Email:
Housing Department :
Telephone: 021 444 0333
Email: housingdb@capetown.gov.za
Web: www.capetown.gov.za
Hours: Mon–Fri, 7:30AM–5PM
MEANINGFUL ENGAGEMENT WITH THE CITY
Once the City of
Cape Town is part
of the case, they
must engage with
you meaningfully
to understand your
circumstances
and come to an
agreement on
suitable emergency
housing.
1
2
3
The city is obliged to engage mean-
ingfully with you once they are cited
in your eviction case.
Despite this obligation, the city has
been known to avoid meaningful
engagement.
If the City does not want to engage
meaningfully with you, you must
send them letters and call them to
prove to the court that you made
an eort to engage and it was the
City who was not doing their job.
REVISIT MEANINGFUL
ENGAGEMENT (PAGE 20)
CONTACT THE CITY!
Despite their obligations and the regulations
put in place to ensure that meaningful
engagement takes place, The City of Cape
Town does not always engage properly.
THE CITY DOES NOT
ALWAYS ENGAGE PROPERLY
42
STEPS THE CITY SHOULD TAKE
EXAMPLE OF THE CITY’S
REPORT (PAGE 45)
CONTACT & ARRANGE TO MEET SEND YOU A QUESTIONNAIRE
OFFER ACCOMMODATION
SUBMIT A REPORT TO THE COURT
1 2
3
4
It is the city’s responsibility to contact you and
arrange a meeting to discuss your eviction.
As part of understanding the details of your
case, as well as your personal circumstances,
the city must send you a questionnaire to
complete which outlines the important details
of your situation.
Based on your personal circumstances
and level of need, the City should offer you
suitable emergency accommodation.
The City should submit a report (in the form
of an afdavit) to the Court containing the
following information:
•
Their duty to provide you with emergency
accommodation.
• Date and record of your engagement.
•
An offer of emergency accommodation
if you qualify.
43
REJECT ANY RELOCATION CAMPS
ENSURE A REPORT IS FILED
3
4
If the City only offers you a place in
a RELOCATION CAMP, such as
Wolwerivier or Blikkiesdorp, you need to
clearly object to this during your engagement.
It must be part of the record that you objected
to unsuitable living conditions. Ask them for a
written response to any objections you had.
If the City has not led a report you must ask
the court to postpone the matter until they
do. The court CANNOT make a decision
without all the facts and the City’s report
is vital to this.
RELOCATION CAMP
Currently Cape Town only provides emer-
gency housing in relocation camps. The
Wolwerivier Camp is built on a farm more
than 30km drive from the City Centre. It does
not have adequate services like schools,
hospitals, regular transport, or shops.
STEPS YOU SHOULD TAKE
ANY OFFER IS GUARANTEED KEEP RECORDS OF ENGAGEMENT1 2
Understand that there is no waiting list for
emergency accommodation. If the City offers
you accommodation, it is guaranteed and
must be provided to you.
Be sure to keep any records of engagement
with the city. These include, letters, emails,
SMSs, and the dates and times of any
phone calls etc. This information is always
important to your case.
44
THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE.
21
THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE.
The CITY OF CAPE TOWN AFFIDAVIT: The municipality has to respond to
ALL eviction cases. Their AFFIDAVIT says what alternative accommodation
they have available for the occupier should the occupier be made homeless in
the eviction.
City of Cape T o w n Affidavit
IN THE MAGISTRATES COURT FOR THE DISTRICT OF CAPE TOWN
HELD AT CAPE TOWN
CASE NO : 5847 / 2016
In the matter between:
BIG PROPERTIES
Applicant
(Registration Number: 2010/0054896/07)
and
KAREN THOMAS
First Respondent
And all those holding under her and / or any
other persons(s) who also occupy the premises
vis-à-vis the Respondent
CITY OF CAPE TOWN
Second Respondent
AFFIDAVIT
I,theundersigned,
JOHN DUIK
doherebymakeoathandsay:
EXAMPLE OF A REPORT FROM THE CITY
THE RESPONDENT(S)
This is you and anyone else living in the property.
Their names will only be mentioned if they are
over 18 years of age.
BODY OF DOCUMENT
The municipality’s report content, details the results of their
investigation into your personal and housing circumstances
and what emergency accommodation they have available
and can offer you.
THE MUNICIPALITY IF THEY ARE CITED
If they are not here then you must tell your
lawyer and the court they should be cited.
COURT YOU NEED TO BE IN
APPLICANT (YOUR LANDLORD)
TYPE OF DOCUMENT
45
FINDING EMERGENCY HOUSING
TAKING ACTION
ENSURE THE CITY IS CITED
TELL THE CITY YOU WILL BE MADE HOMELESS
OBJECT TO UNSUITABLE EMERGENCY ACCOMMODATION
KEEP A RECORD OF ALL ENGAGEMENTS
MAKE SURE THE CITY’S REPORT TO THE COURT IS ACCURATE
1
2
3
4
4
The City of Cape Town Municipality should be cited in ALL eviction cases. It is their
job to understand your circumstances to see if you will be made homeless by an eviction.
Whether or not the City has been cited, you must inform them that you will be made
homeless by your eviction. The City cannot ignore this information and must engage with you.
Wolwerevier and Blikkiesdorp are two relocation camps far outside of Cape Town. There
are no schools, shops or clinics at these locations. If the City offers you accommodation
at one of these sites, you must object and ask for a written response from the city.
Always keep all records of any engagements with the City. Dates, times and what was
discussed/promised can be very important in court.
After the City has assessed all options for emergency accommodation, they will submit
a report to the court. You must ensure that the report accurately reects your engagement
with the city. If the report is not accurate, your lawyer must report this to the court.
Proceed to step 2. Instruct your lawyer to cite the City in
your Opposing Papers (see page 31).
IF THE CITY IS CITED IF THE CITY IS NOT CITED
TASK TO COMPLETE DONEPAGE
41
41
46
SECTION 8
GOING TO COURT
An eviction
hearing is where
the arguments
between Landlords
(Applicants)
and Tenants
(Respondents) are
heard by a judge or
magistrate.
1
2
3
4
Once all documents have been
led with the court, a date is given
for the court hearing.
In the hearing, everything that has
been placed on aidavit will be
argued in court.
Once the court has heard all the
information, the judge will make
an order that takes all relevant
factors into consideration.
If the judge decides to evict you,
they will issue a COURT ORDER
giving the date by which you must
leave the property.
WHAT TO EXPECT WHEN GOING TO COURT
www.evictions.org.za/courts
LIST OF COURTS
COURT ORDER
Is an ofcial order that has been written
by the judge/magistrate and must to be
obeyed. A court order authorises the
carrying out of certain steps by one or
more parties. E.g. If you are evicted you
must leave the property by a certain date.
THIS IS HOW LAWYERS
DRESS IN COURT
47
Evictions are held
in Motion Court,
so ask a clerk,
security ocer, or
any of the lawyers
walking around
where the Motion
Court is.
FINDING THE RIGHT COURT
FINDING THE RIGHT COURTROOM
LOCATE YOUR LOCAL COURTCHECK COURTROOM & DATE
FIND YOUR COURTROOM EARLY
ASK FOR ASSISTANCE
GOING TO THE HIGH COURT
21
1
2
3
Your case will be heard in the court nearest
to the property in question. In certain cases,
you may be called to the High Court.
The notice of motion will tell you which court
you need to be in and on what date you
need to appear.
Court buildings are difcult to navigate and
badly signposted. Be sure to arrive early
enough to allow yourself time to locate the
correct courtroom. If you miss your court
appearance, you may be evicted!
If there is an information desk, ask them
which room evictions are in. If there is no
information desk, the clerk of the court, any
lawyer, security, guard or anyone who looks
like they work at the court building.
If your court papers say “High Court” then
you need to go to the Cape Town High Court
in Keerom Street.
FIND THE NEAREST COURT
TO YOU (PAGE 49)
48
LIST OF CAPE TOWN COURTS
Athlone Magistrates’ Court Old Klipfontein Road 021 697 1246
Blue Downs Magistrates’ Court
Kuilsriver Magistrates’ Court
Simon’s Town Magistrates’ Court 133 St Georges Street 021 786 1561
Bellville Magistrates’ Court c/o Voortrekker Road & Landdros Street 021 950 7700
Goodwood Magistrates’ Court
Parow Regional Court Arnold Wilhelm Street 021 936 9400
Wynberg Magistrates’ Court 64 Church Street 021 799 1800
Atlantis Magistrate’s Court c/o Weseur Circle & Reygersdal Street 021 572 1003
Cape Town Magistrates’ Court
Mitchells Plain Magistrates’ Court 1st Avenue, Eastridge 021 370 4200
Somerset West Magistrates’ Court 33 Caledon Street 021 850 7420
Bishop Lavis Magistrates’ Court c/o Myrtle and Valhalla Drive 021 934 1021
Khayelitsha Magistrates’ Court
Phillippi Magistrates’ Court c/o New Eisleben and Govan Mbeki Road 021 372 0902
Cape Town High Court:
35 Keerom St,
Cape Town
Telephone: 021 480 2411
Hours: Mon–Fri, 9AM–3PM
Closed daily from 1PM–2PM
Check your Notice
of Motion to see
which court you
are in.
c/o Walter Sisulu and Steve Biko 021 360 1400
122 Van Riebeeck Road 021 903 7902
7-11 Parade Street 021 401 1556
Eersriver Way & Bentley St 021 909 9000
273 Voortrekker Road 021 591 3171
www.evictions.org.za/courts
LIST OF CAPE TOWN COURTS
49
FIRST APPEARANCE: OPPOSING & POSTPONING
SECOND/THIRD APPEARANCE (WITHOUT A LAWYER)
If you are going to
court for the rst
time and do not
have a lawyer, do
these two things:
Any further
postponements
to your case
will require
evidence of an
eort on your
part to nd legal
representation.
OPPOSE YOUR EVICTION
REQUEST A POSTPONEMENT
DO NOT FEEL INTIMIDATED!
SHOW EVIDENCE OF ATTEMPTS
1
2
2
1
Once your case is called and you are
requested to approach the witness stand,
you must state that you would like to oppose
your eviction.
Request a postponement from the judge
in order for you to nd legal representation
for yourself. At your rst appearance, the
judge should always grant a postponement.
Do not feel rushed into representing yourself!
As long as you have proof that no pro bono
(free) lawyer is available to take your case,
you should be granted an extension.
Present any communications from legal
aid organisations (page 38) that prove you
have made an effort to nd representation.
Courts must respect your right to legal
representation and will usually grant a
postponement.
YOUR RIGHT TO A LAWYER
50
ARGUMENT
SETTLEMENT
After opposing and
nding a lawyer
(or choosing
to represent
yourself), both
sides will present
their arguments.
PRESENTING YOUR CASE
CONSIDER OFFERS CAREFULLY
AVOID RUSHED AGREEMENTS!
1
1
2
Remember, you can only argue what has
been written in your afdavits. No new
evidence, information or arguments may
be brought before the court unless there
has been a relevant and material change
to circumstances of the parties.
Often your landlord will make a settlement
offer. Sometimes it is fair, sometimes it may
not be. Remember, you do not have to accept
this offer. Always consult with a lawyer!
Offers may be presented at short notice
before going to court. Do not feel rushed!
Tell your landlord you would like to take your
time to consider the offer and seek advice.
SEEK LEGAL ADVICE IF
YOU ARE REPRESENTING
YOURSELF (PAGE 36)
At any stage
before the court
has ruled, you
can come to an
agreement with
your landlord.
It is vital that you have submitted documents
to the court that backup your case. You can-
not decide to provide alternative information
in court if it is not present in your afdavit.
ENSURE AFFIDAVITS CONTAIN
ALL RELEVANT INFORMATION
51
THE COURT ORDER
The ruling from
the court stating
whether you are to
be evicted or not.
If you are evicted,
the order will
state by when you
need to leave the
property.
DATE OF EVICTION
DATE OF REMOVAL (EXECUTION)
1
2
The order by the judge will clearly state by
when you will need to leave the property. Even
if you are evicted, this date will usually take
into account your circumstances and allow
sufcient time for alternative arrangements
to be made.
There will also be a date specied by which,
if you have not left the property, the Sheriff
will be allowed to physically remove you.
This is called the “execution date”, and it is
usually a few days after the eviction date.
WHAT TO DO AFTER
YOUR COURT ORDER IS
RECEIVED (PAGE 55)
EXAMPLE OF A COURT
ORDER (PAGE 53)
52
THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE.
24
THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE.
The COURT ORDER
will state whether you have been evicted or not. If you are evicted it
will say by what day you must leave the property.
The Co urt Or der
IN THE MAGISTRATES COURT FOR THE DISTRICT OF CAPE TOWN
HELD AT CAPE TOWN
CASE NO : 5847 / 2016
In the matter between:
BIG PROPERTIES
Applicant
(Registration Number: 2010/0054896/07)
and
KAREN THOMAS
First Respondent
And all those holding under her and / or any
other persons(s) who also occupy the premises
vis-à-vis the Respondent
CITY OF CAPE TOWN
Second Respondent
ORDER
THE COURT HEREBY ORDERS that the First Respondent and her family
vacate the property known as Helium Heights by 30 November 2017.
Should the First Respondent and her family not vacate the property by
the 30th of November, the court orders that the Sherriff be allowed to
remove them from the property on the 15th of December 2017.
THE RESPONDENT(S)
This is you and anyone else living in the property.
Their names will only be mentioned if they are
over 18 years of age.
BODY OF DOCUMENT
States whether you are evicted or not. If you are NOT
evicted you can continue to live in the property. If you ARE
evicted it will say what date you need to move out by. If you
ARE evicted it will also say what date the Sheriff can come
and physically remove you from the property (usually a few
days after the date to vacate).
THE MUNICIPALITY IF THEY ARE CITED
If they are not here then you must tell your
lawyer and the court they should be cited.
COURT YOU NEED TO BE IN
APPLICANT (YOUR LANDLORD)
TYPE OF DOCUMENT
EXAMPLE OF A COURT ORDER
53
GOING TO COURT
TAKING ACTION
TASK TO COMPLETE DONEPAGE
51
61
DO NOT SIGN OR SETTLE AT COURT
CONTACT RECLAIM THE CITY FOR SUPPORT
5
2
Your landlord or their lawyers may present you with a settlement offer before your
court appearance. DO NOT RUSH INTO ACCEPTING ANY OFFERS. Take your time and
seek advice from a lawyer or housing activists like Reclaim the City. Make sure you fully
understand the offer before you sign anything. Do not feel pressured!
If you are in court in Cape Town or Wynberg Magistrates’ Courts, Reclaim the City are
happy to come with you to show you around the court. They can help you nd the right
courtroom and what to expect when you have your rst appearance in court.
28
50
OPPOSE YOUR EVICTION
ASK FOR A POSTPONEMENT TO FIND LEGAL REPRESENTATION
3
4
You must oppose your eviction if you feel your landlord does not have grounds to
evict you or you need more time to nd somewhere else to live. (see page 28). When
your case is called, tell the court you are opposing your eviction.
Once you have told the court you are opposing your eviction, ask for a postponement
to nd legal representation. At this point, it will help to show proof of any attempts you have
made to nd legal representation
48
LOCATE THE RIGHT COURT & COURTROOM
1
Make sure you know where the court is. You must be at the court before 9am on the day
of your hearing. You can even go to court before your court date, just to get familiar with the
court and how long it will take you to get there.
54
SECTION 9
WHAT TO DO AFTER
YOUR COURT ORDER
Court orders can
be received in
person on the day
of the judgement
in court. In some
cases the court
may require more
time and you will
be advised to
return to collect
the judgement and
the court order at
a later date.
WHEN AND HOW DO I RECEIVE A COURT ORDER?
To avoid confusion when receiving your
court order, make sure the court has your
most up-to-date contact information.
ENSURE THE COURT HAS YOUR
CORRECT CONTACT DETAILS
EXAMPLE OF A COURT
ORDER (PAGE 53)
IN COURT FOR JUDGEMENT
NOT IN COURT FOR JUDGEMENT
1
2
If you are in court when judgement is
handed down, even if you do not receive
a court order, it is assumed that you
have received the order verbally by the
magistrate. The order cannot be ignored.
If you cannot make it to the court to receive
the judgement and court order in person,
your landlord is responsible for ensuring
you receive a copy. The Sheriff may also
be asked to deliver the court order to you
at your home or work, but you need to give
a very good reason for not going to court
to receive your judgment.
55
WHAT TO DO ONCE A COURT ORDER IS RECEIVED
YOU WIN THE CASE. YOU ARE STILL A LAWFUL OCCUPIER
YOU LOSE THE CASE AND ARE EVICTED
YOU WIN THE CASE. YOUR OCCUPATION IS DEEMED UNLAWFUL.
BUT YOU ARE NOT EVICTED (DEEMED NOT JUST AND EQUITABLE)
SCENARIO 1
SCENARIO 3
SCENARIO 2
In this case you continue the tenant-landlord relationship as it was before, according to the lease.
You keep living in the property and you keep paying rent. At this stage it is likely that your landlord
will still want to evict you and will go about the process again, but correctly this time. For this reason
you should start looking for alternative accommodation. You do not want to get back to the court
stage and not have any options for places to live.
In this situation you need to read the court order immediately and very carefully. You must under-
stand how an eviction is executed and what happens on the dates mentioned in the court order. At
this stage you will know how long you have until you need to vacate the property. You must start
looking for alternative accommodation immediately. Look online and in newspapers, ask friends
and family, ask your landlord, and go to the City of Cape Town to ask about Emergency Housing
and their other Housing Programmes (see page 42). You should
also start preparing your belongings to be transported or stored.
This is a tricky situation to be in. In this case you remain on the property but there is no tenant-landlord
relationship and the lease is not enforceable. However, you are still occupying someone’s property
without an agreement, so while you won’t be paying rent you may have to pay damages for your
use of the property. At this stage you should engage with your landlord and try come to a new
agreement, as well as start looking for alternative accommodation. You can also ask your landlord
to help you nd somewhere else to stay as this would help you get out of their property sooner.
Lastly, you should speak to the Municipality (City of Cape Town) for Emergency Housing or other
housing programs, such as Social Housing.
HOW ARE EVICTIONS
EXECUTED? (PAGE 57)
56
HOW EVICTIONS
ARE EXECUTED
UNDERSTAND THE PROCESS
YOU RECEIVE A COURT ORDER FOR YOUR EVICTION
THE SHERIFF MUST OBTAIN A WARRANT OF EJECTMENT
STEP 1
STEP 2
EVICTION DATE EJECTION DATE
THE EVICTION DATE THE EJECTION/EXECUTION DATE
The date by which you ofcially need
to vacate the property.
The date, following the eviction date,
by which the Sheriff will be authorised
to remove you and your belongings
from the property.
This can be received from the court or may be delivered in person by the
Sheriff. On the court order, there will be two important dates listed:
If you have not vacated the property by your eviction date, the Sheriff cannot
remove you from your home without a warrant of ejectment. They have to
go to court to obtain this warrant.
IMPORTANT: If the Sheriff does not arrive on the day specied in the court
order, this does not mean you are not evicted! The Sheriff may arrive any
day after that and it is important that you are prepared.
IMPORTANT: You can call your local Sheriff and inquire about your case.
Ask them if they have the warrant yet and on what day they plan to evict you.
EXAMPLE OF A COURT ORDER (PAGE 53)
CONTACT DETAILS FOR LOCAL SHERIFFS www.sheris.org.za
57
NECESSARY FORCE MAY BE USED TO REMOVE YOU
YOUR BELONGINGS ARE REMOVED FROM THE PROPERTY
STEP 3
STEP 4
USE A STORAGE FACILITY LEAVE BELONGINGS ON THE STREET
The Sheriff takes your belongings to a
storage facility and holds them there
for you to collect at a later date. You
will likely be charged storage fees
which you have to pay before the
Sheriff will release your belongings.
You must demand the details for
this storage location.
You choose not to store your belong-
ings and they are left on the street
outside the property. It is your
responsibility to remove them.
Once the Sheriff has acquired the warrant of ejectment, and if you as the
tenant have not vacated the property by the date of eviction, the Sheriff is
permitted to use “necessary force” to get you out.
You must communicate with the Sheriff to establish what you would like to
be done with your belongings. You have two options for how to deal with
your belongings:
IMPORTANT: Necessary force does not mean that they can abuse you! The
Sheriff is permitted to request the assistance of the police to remove you and
your belongings from the property.
IMPORTANT: If anything is broken through the negligence of the Sheriff, you
will need to sue the Sheriff for damages. The Landlord will likely be joined
with the Sheriff in the matter. If SAPS break any of your belongings through
their own negligence then you will need to sue SAPS in court. Take note
that if it rains and your stuff is damaged, you are liable and not the Sheriff,
your landlord, or the Police.
58
APPEALING A COURT DECISION
In a magistrate’s
court, you have
the right to
immediately
appeal your
eviction. You can
do so by asking
your lawyer to le
a Notice of Appeal.
1
2
3
4
5
Once the NOTICE OF APPEAL has
been led with the court, your
eviction is STAYED.
Once your Notice of Appeal is
led, inform the Sheri of the
court immediately so that they do
not act to evict you by mistake.
While the appeal process is
underway, nobody may act to
remove you from your home.
During the appeal process there
are specic timelines that cannot
be missed. If you do miss a dead-
line, your appeal may lapse and
your eviction can be executed.
Ensure that your lawyer keeps
you informed and stays on top
of the appeal process.
NOTICE OF APPEAL
This document noties the court and
your landlord that you are appealing the
matter. In the Magistrates’ Court you have
automatic right to appeal. This means
you do not have to apply to the court for
permission to appeal. STAYED EVICTION
An eviction order that is paused while an
appeal process happens. You are technically
still evicted but nobody can act on the eviction
(remove you from your home).
59
GOING TO COURT
TAKING ACTION
TASK TO COMPLETE DONEPAGE
36
SEEK LEGAL ADVICE TO APPEAL
LOOK FOR ALTERNATIVE ACCOMMODATION
5
2
Get legal advice on whether or not you should appeal. While an appeal might sound like
an easy way to stay (or delay) your eviction, there are consequences of appealing without
good reasons. Speak to a lawyer and get their opinion on if you should appeal or not.
Win or lose, you should start searching for alternative accommodation immediately.
Take note of your eviction date, this will tell you how long you have to nd new accommodation.
57
PREPARE YOUR BELONGINGS
UNDERSTAND HOW AN EVICTION IS EXECUTED
3
4
Start packing your belongings as soon as possible in preparation for moving and/or
storage. The more organised you are, the faster you can act when the time comes and the
less likely it will be for things to get lost or damaged.
Prepare yourself for the eviction by studying this section carefully. If you know what to
expect you will be better prepared.
READ THE COURT ORDER & TAKE NOTE OF DATES
1
You must carefully read your court order as soon as you get it. It will contain very
important information and dates. If you are evicted, you must make a note of the eviction
date, as well as the execution/ejection date (see page 53).
60
ADVICE ASSEMBLY
The Advice
Assembly is a
weekly meeting of
tenants, occupiers,
and activists. It is a
space to learn about
your rights, the
eviction process and
the law.
WHAT IS THE ADVICE ASSEMBLY?
WHAT THE ADVICE ASSEMBLY DOES NOT DO
The ADVICE ASSEMBLY is an initiative created by RECLAIM THE CITY. At Advice
Assembly we stand in solidarity to prevent and resist unlawful evictions and unfair
landlord practices. Many who have been through an eviction still attend Advice Assembly
so that they can help others going through what they went through.
The Advice Assembly is NOT a legal clinic and you will NOT get formal legal advice
or legal representation. However, there are often lawyers present and others who know
the law that can guide you in the right direction to nd a lawyer who can represent you in
court. The Advice Assembly does NOT provide accommodation. If you are looking
for a place to stay they unfortunately cannot help you with that.
ATTEND ADVICE ASSEMBLY
RECLAIM THE CITY
Advice Assembly currently takes
place every Thursday at 7pm. All are
welcome! Please note that times and
days may change in the future. Call
021 012 5094 to check.
Woodstock Advice Assembly:
Cissie Gool House (Old Woodstock
Hospital), 36 Mountain Road, Woodstock
Sea Point Advice Assembly:
Ahmed Kathrada House (Helen Bowden
Nurses Home), Corner Beach Rd &
Granger Bay Blvd
61
Through Advice
Assemblies, tenants
have the power
to make plans of
action to resist
unlawful and unjust
evictions.
WHY YOU SHOULD ATTEND ADVICE ASSEMBLY
ABOUT RECLAIM THE CITY
The Advice Assembly provides a space
for tenants to support and advise each
other and to decide on practical actions.
The law is made accessible and people
are linked to community organising and
activism. Through Advice Assemblies,
tenants have the power to make plans
of action to resist unlawful and unjust
evictions.
Reclaim the City is a movement of
tenants and workers campaigning to
stop displacement from well-located
areas and secure access to decent
aordable housing. They believe it is
time to take the struggle for housing to the
centre of the city, to the heart of power, to
the people who should live there, and to
the land that matters. Land for people,
not prot!
CONTACT RECLAIM THE CITY
Facebook: Reclaim the City
Twitter: reclaimCT
Instagram: reclaimthecitysa
Website: www.reclaimthecity.org.za
Co-ordinating Committee:
committee@reclaimthecity.org.za
General enquiries:
contact@reclaimthecity.org.za
CONTACT RECLAIM THE CITY
FOR MORE INFORMATION
62
GLOSSARY
AFFIDAVIT
APPLICANT
CITE
BREACH
APPEAR
An afdavit is a sworn written statement
made under oath. If you are intentionally
untruthful in your afdavit you will be com-
mitting perjury, which is a criminal offence
that could result in a prison sentence.
The applicant is the party that starts the court
process. In eviction cases the landlord is the
applicant because they make an application
to the court to have you evicted.
To cite is to notify a person of a court case
against them or to call a person to appear
in court.
A breach of your lease is when either you
(the tenant) or your landlord breaks one
of the rules you have agreed to. E.g. If it
says you must pay rent on the rst of every
month and you forget to pay, then you have
breached your lease agreement.
To appear in court is when you have to be
in court in person.
Denitions for
common words
that you may hear
when dealing with
your eviction case.
NEED HELP WITH YOUR
EVICTION? ATTEND AN ADVICE
ASSEMBLY! (SEE PAGE 61)
UNDERSTAND COMMON TERMS
63
EVICTION APPLICATION
HOLDING TITLE UNDER
PARTIES
LEGAL REPRESENTATION
RELIEF
RESPONDENT
COSTS
An eviction application is a legal procedure
a landlord or landowner needs to follow if
they want to evict you.
If you are the person who signed the lease
and you have two children living with you,
they are holding title under you and do not
have to be named in the court papers.
Parties refer to the people or organisations
involved in the court case. E.g. In an eviction
the parties will generally be you (the tenant),
your landlord, and the City of Cape Town.
Legal Representation refers to a lawyer that is
appointed to act on your behalf. A lawyer who
gives you legal advice may not necessarily
be representing you (I.e. they will not go to
court for you). (Note: this person cannot act
against your instructions.).
Relief refers to what help you are asking
the court for. E.g. if someone crashed into
your car and you decide to sue them, you
approach the court for an order that they
pay for the damage to your car.
The respondent is the party against whom
the application is made. In eviction cases
the tenant is the respondent.
Costs refer to the money that was paid for
lawyers to represent you and your landlord
in court. E.g. in your relief, you can request
the court to order that the application is
dismissed WITH COSTS. This means
that your landlord would need to pay your
lawyer’s costs.
DISPUTE
A dispute is an argument or disagreement
between you and your landlord. E.g. If you
think it is your landlord’s job to x the hole in
your ceiling but they do not think they have to.
64
SECTION 4(2) NOTICE
TERMINATION
VACATE
VIS-à-VIS
UNDERTAKING
SERVICE/BEING SERVED
The SECTION 4(2) notice is a legal docu-
ment that has to be served by the Sheriff
to those being evicted. It is given to you
with the Notice of Motion. This document
is important because it has the DATE AND
TIME of when you have to be in COURT.
It also tells you that you can OPPOSE the
eviction and you have the right to get legal
representation.
Termination means the cancellation or
ending of a lease.
To vacate means to leave the property
entirely. You and anyone else who has been
evicted, as well as all your belongings, must
be out of the property.
VIS-à-VIS is a Latin term that means ‘through’
or ‘in relation to’.
Undertaking is the act of doing something
that has been agreed to.
Service is the act of giving legal papers
to the person who must respond to them.
Service of eviction papers (Notice of Motion
and Section 4(2) Notice) will be done by the
Sheriff. If you oppose your eviction YOU (or
your lawyer) will serve your landlord (or their
lawyer) with your legal documents.
65
THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE.
7
THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE. THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE.
The SECTION 4(2) notice is a legal document that has to be served by
the Sheriff to those being evicted. It is given to you with the Notice of
Motion. This document is important because it has the DATE AND TIME
of when you have to be in COURT. It also tells you that you can
OPPOSE the eviction and you have the right to get legal representation
Secti on 4(2) Not ice
IN THE MAGISTRATES COURT FOR THE DISTRICT OF CAPE TOWN
HELD AT CAPE TOWN
CASE NO : 5847 / 2016
In the matter between:
BIG PROPERTIES
Applicant
(Registration Number: 2010/0054896/07)
and
KAREN THOMAS
First Respondent
And all those holding under her and / or any
other persons(s) who also occupy the premises
vis-à-vis the Respondent
CITY OF CAPE TOWN
Second Respondent
S4(2) NOTICE
TAKE NOTICE THAT the Applicants hereby intend to bring an application
for the eviction of an unlawful occupier in terms of s4 (1) of the
Prevention of Illegal and Unlawful Occupation of Land Act 19 of 1998.
THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE.
7
THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE. THESE DOCUMENTS ARE EXAMPLES ONLY. THEY ARE NOT BASED ON REAL EVENTS OR PEOPLE.
The SECTION 4(2) notice is a legal document that has to be served by
the Sheriff to those being evicted. It is given to you with the Notice of
Motion. This document is important because it has the DATE AND TIME
of when you have to be in COURT. It also tells you that you can
OPPOSE the eviction and you have the right to get legal representation
Section 4(2) Notice
IN THE MAGISTRATES COURT FOR THE DISTRICT OF CAPE TOWN
HELD AT CAPE TOWN
CASE NO : 5847 / 2016
In the matter between:
BIG PROPERTIES
Applicant
(Registration Number: 2010/0054896/07)
and
KAREN THOMAS
First Respondent
And all those holding under her and / or any
other persons(s) who also occupy the premises
vis-à-vis the Respondent
CITY OF CAPE TOWN
Second Respondent
S4(2) NOTICE
TAKE NOTICE THAT the Applicants hereby intend to bring an application
for the eviction of an unlawful occupier in terms of s4 (1) of the
Prevention of Illegal and Unlawful Occupation of Land Act 19 of 1998.
EXAMPLE OF A OPPOSING AFFIDAVIT
THE RESPONDENT(S)
This is you and anyone else living in the property.
Their names will only be mentioned if they are
over 18 years of age.
BODY OF DOCUMENT
Explains what the notice is about, I.e. service. The date
and time of when you have to appear in court. It tells you
that you can oppose your eviction and that you have the
right to legal representation.
THE MUNICIPALITY IF THEY ARE CITED
If they are not here then you must tell your
lawyer and the court they should be cited.
COURT YOU NEED TO BE IN
APPLICANT (YOUR LANDLORD)
TYPE OF DOCUMENT
66
MAKE NOTES
67
68
69
70
71
TOOLKIT & GUIDE FOR
ORGANISING
A PROTEST
GUIDE TO
THE EVICTION
PROCESS
THE EVICTION PROCESSLEGAL ASSISTANCE
Visit: www.evictions.org.za
RESOURCES AVAILABLE ONLINE
