- Everyone has the right to adequate housing and the state is obligated to take reasonable measures to satisfy that right.
- Section 26(3) of the Constitution states that “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. No legislation may permit arbitrary evictions.” Everyone in South Africa has the right to access to adequate housing.
- The Prevention of Illegal Eviction From and Unlawful Occupation of Land Act 19 of 1998 (PIE) sets out the procedure and requirements to be followed in a lawful eviction. It also sets out the circumstances that the Magistrate should consider before ordering an eviction.
My home has been damaged or broken
A guide explaining how a landlord may cause damage to your home in the process of trying to evict you and steps on how you can respond
Know your rights
Click on a step for support and resources to help you take action.
1
Collect evidence of the damage
Who is this for?
If your home is being damaged in the process of trying to force you out this is the first step that you can take to make your landlord stop
What you need to know
- Take pictures and keep a record of the damage. This will be useful evidence that you can use to state your case with the Rental Housing Tribunal or in a court of law.
2
File a Spoliation Order
Who is this for?
If your landlord had damaged your home in an effort to force you out this is the next step to take once you have documented the damage
What you need to know
- This is an urgent situation which requires you to file a Spoliation Order. A Spoliation Order will order your landlord or the owner to let you back in immediately. You can do this by seeking urgent legal assistance or go to the Rental Housing Tribunal and explaining your urgent complaint.
- Five things you need to know about a spoliation order
- A spoliation is a remedy used when one’s “peaceful and undisturbed possession” has been disrupted illegally. “Peaceful and undisturbed possession” means that you have been living in your home without anyone trying to kick you out.
- A spoliation application is URGENT in nature and will usually require legal assistance (a lawyer). URGENT means you must go to court as soon as you can - if you can, go immediately!
- Its object is to return possession to the person who was deprived (evicted), and is based on the principle that no person should take the law into their own hands.
- A spoliation order is final. This means neither the tenant nor the landlord can challenge the judges decision.
- A spoliation is an application procedure which means that evidence is filed by an affidavit and presented to the Magistrate in Court. You do not need to stand up in court and testify.
Contacts for legal assistance
Ndifuna Ukwazi Law Centre
Telephone: (021) 012 5094
Physical address: 18 Roeland Street, Cape Town, 8001
Lawyers for Human Rights
Telephone: (021) 424 8561
Physical address: 4th Floor, Vunani Chambers, 33 Church Street, City Centre, Cape Town, 8001.
Legal Resources Centre
Telephone: (021) 481 3000
Physical address: 54 Shortmarket Street, Greenmarket Place, Cape Town, 8001
Cape Town Justice Centre
Telephone: (021) 426 4126
Fax: (021) 949 2534
Physical address: 3rd Floor South African Reserve Bank Building, 60 St Georges Mall, Cape Town, 8001
Bellville Justice Centre
Telephone: (021) 949 3062
Fax: (021) 949 2534
Physical address: 68 Durban Road, Van Der Stel Bldg, Cnr Voortrekker & Durban Street, Bellville, 7535
Bellville Justice Centre
Telephone: (021) 949 3062
Fax: (021) 949 2534
Physical address: 68 Durban Road, Van Der Stel Bldg, Cnr Voortrekker & Durban Street, Bellville, 7535
Mitchells Plain satellite office
Telephone: (021) 370 4257
Physical address: Mitchells Plain Court, Mitchell’s Plain, 7785
Athlone Justice Centre
Telephone: (021) 6975252
Fax: (021) 6975316
Physical address: 2nd Floor, Melofin Centre, Athlone, 7764
Stellenbosch Justice Centre
Telephone: (021) 882 9221
Fax: (021) 882 9237
Physical address: Office 201, 2nd Floor, Eikestad Mall, Bird Street, Stellenbosch, 7600
Western & Northern Cape Regional Office
Telephone: (021)8613000
Fax: (021)8868657
Physical address: Shiraz House, Brandwacht Office Park, Trumali Street, Stellenbosch, 7600
Other legal assistance
You can also call the following numbers to get free legal advice from Legal Aid SA:
Toll-Free Legal Aid Advice Line: 0800 110 110
Send a Please Call Me and a qualified Legal Advisor will call you back: 079 835 7179
Cape Law Society
All attorneys in South Africa have to provide 24 hours per year of free legal assistance to indigent members of the public. The Cape Law Society allocates attorneys’ pro bono work in the Western Cape, Eastern Cape and Northern Cape.
Telephone: (021) 443 6700
Fax: (021) 443 6751/2
Email address: cls@capelawsoc.law.za
Physical address: 29th & 30th Floors, Absa Centre, 2 Riebeeck Street, Cape Town, 8001
3
Report the matter to the police
Who is this for?
If your landlord has damaged your home in an effort to force you out this is the next step to take once you have filed a spoliation order
What you need to know
- Report your unlawful eviction immediately to the police, and file an affidavit. Alert friends, civil society organizations like Reclaiming The City, and the media.
- TIP: A sworn affidavit is a written statement declared as the truth. It is signed in front of a Commissioner of Oaths. The South African Police Department (SAPS) can act as the Commissioner of Oaths and stamp the affidavit at the station.
- Find a blank SAPS affidavit template. This can be downloaded, filled in and stamped at any police station. The form can also be obtained from the police station and completed by hand.
- List of police stations in the Western Cape
Find out who can assist