I am stopped from entering my home

• Take pictures and keep a record of how you are being stopped from entering the property

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

• 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

• Go to the Rental Housing Tribunal and fill in a complaint form for unfair practice by your landlord.

• TIP: Write down a history of your landlord’s unfair practices and include as much detail as possible (e.g. names of the people involved; dates when you had discussions with people; where you had those discussions and what was said)

• You will need to complete two forms: the main complaint form and the annexure (p) form.

• More information on the process of filing a complaint with the rental housing tribunal

Contacts for The Rental Housing tribunal

Website

Email: rht.enquiries@westerncape.gov.za

Telephone: 086 0106 166

Fax: 021 4833 313

Street address: Department of Housing, 27 Wale Street, Ground Floor, Cape Town

Postal address: The Western Cape Rental Housing Tribunal, Private Bag X9083, Cape Town, 8000