About the eviction process

The City must submit an eviction application for City-owned properties to the Western Cape High Court before evicting unlawful occupants. 

Eviction is always the last resort. The City will go to great lengths to extend every offer of social assistance such as dignified transitional shelter at NGO-run night shelters and City-run Safe Spaces before reaching the eviction stage. These facilities offer programmes to help people off the streets sustainably, and to reintegrate into society, or reunite with family. Personal development planning and employment opportunities are available, as well as referrals for mental health, medical, and substance abuse treatment.

If unlawful occupants refuse all offers of support then the City will seek assistance from the High Court.

Tenants may appear before court and oppose the eviction, and are entitled to certain legal rights depending on the unique conditions and type of tenancy or occupation. If you cannot afford a legal practitioner and you meet the qualifying criteria, you can apply for legal aid. 

Our public places serve important social, community and economic purposes, and must be open and available to all. No person has the right to reserve a public space as exclusively theirs, while indefinitely refusing all offers of shelter and social assistance.

The laws on eviction are governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (19 of 1998). The Act protects the rights of property owners as well as the occupant(s) of the property. It draws attention to due process and protects tenants from unlawful evictions. 

In addition, your right to basic shelter is protected by the South African Constitution, which prevents evictions without a court order.

Debt management actions

If you are leasing City-owned land – whether viable or non-viable land – the City will take specific debt management actions against you if you do not pay your rent on the due date. 

Debt management actions are elevated on five levels – known as Dunning Levels (DL) 1 to 5. 

Eviction is the final level (DL5) – at this level, the City obtains an Ejectment Order from Court. If the tenant fails to leave their leased premises, the Sheriff will forcibly evict them before securing and returning the City’s land/asset. 

Find out more about debt management actions.

Illegal land or building occupation

As a caring City, we are aware that many people are desperate for land and housing. However, we also have to protect the rights of landowners, whether private or public. If someone is illegally occupying land and will be made homeless if evicted, there are a number of processes that we have to follow to make sure we uphold their basic rights to shelter, as protected by the constitution. 

The rights of the homeless are also protected by The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE). At the same time, we need to hear about the erection of any illegal structures on land, without permission so we can act accordingly. 

Find out more about illegal land use.

Get help

We want to gain insight into the personal circumstances of residents occupying properties where an eviction order has been served. Your feedback will help us get a better understanding of your socio-economic circumstances, so that we can provide you with available alternative accommodation.

If you are facing possible eviction or you have been issued an eviction notice, download and complete the Personal Circumstances Questionnaire Form.

Email the completed questionnaire and all supporting documents to Thamsanqa.Mokoena@capetown.gov.za.

Alternatively, you can deliver the completed form and supporting documents by hand to:

Second Floor
Concourse Building
12 Hertzog Boulevard
Cape Town Civic Centre
8001

Contact us

For more information and general enquiries, contact:

Thamsanqa Mokoena

Telephone:
021 444 5071

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