An analysis of eviction applications in the Johannesburg Central Magistrate’s Court and their compliance with the law

This SERI research report examines eviction applications brought before the Johannesburg Central Magistrate’s Court (PDF, 4.13MB) and assesses whether they comply with the Constitution and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE). It reviews case files to see if courts and applicants properly considered occupiers’ circumstances, potential homelessness, and the requirement for evictions to be “just and equitable.” Overall, the report finds inconsistent compliance with legal protections, highlighting gaps in how eviction matters are prepared, presented, and decided, and raising concerns about whether vulnerable households are adequately protected in the eviction process.

Abstract based on original source.