How courts are moving in tandem with the easing of lockdown restrictions in their rulings on evictions is noted by attorney Simon Dippenaar in a Fin24 report. He says in the early stages of the Covid-19 pandemic, evictions were not allowed, but points out a recent case shows fair consideration for all parties.

‘As hard lockdown gave way to gradually lessening restrictions, the status of eviction orders also changed. For a while eviction orders could be granted but not executed, unless a tenant posed a danger to the landlord or the property,’ says Dippenaar.

Now, during lockdown alert level one, however, evictions are being granted.

A recent case made it clear that, while rental housing legislation protects tenants against unfair treatment by landlords, owners also have the right to the use and enjoyment of their property.

As such, they must be allowed to evict a tenant who is illegally occupying premises.

‘In an effort to ensure both parties' rights are respected, confusion has arisen as to what the courts will allow. Several cases have been heard that have helped the courts to define just and equitable eviction proceedings during this unprecedented time,’ says Dippenaar.

A recent case in the Western Cape High Court is relevant.

It found that, in determining justness and equality, all relevant circumstances should be considered. Among those circumstances the availability of alternative accommodation and the rights and needs of people falling into specific vulnerable groups are singled out for consideration, notes Dippenaar in the Fin24 report.

The time frame given for the tenant to vacate the premises is also important. It must be reasonable not only for the tenant but also for the property owner.

‘This case demonstrates that the courts will grant an eviction order under alert level one, allowing tenants a reasonable time frame to find alternative accommodation and vacate the property. If you are a landlord seeking eviction, you must make sure you can prove that your eviction is just and equitable,’ says Dippenaar.

Full Fin24 report