THE ROLE OF THE MUNICIPALITY IN EVICTIONS

The participation of the municipality in eviction proceedings is one of the most misunderstood aspects of evictions. Many landlords believe that the municipality’s involvement is limited to receiving eviction applications and notices when in reality, the municipality plays a very significant role. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act) holds that the municipality’s involvement is essential to guaranteeing that evictions are carried out in a just and equitable manner.

Why Must the Municipality Be Involved In Evictions?

According to the PIE Act, the court must take into account all relevant circumstances before granting an eviction order which includes whether the occupants have access to alternative housing in the event that the eviction renders them homeless.  As a branch of government, the municipality is responsible for providing emergency shelter and local housing and has the constitutional obligation to inform tenants and unlawful occupiers of these options.

 In order to assist the court in deciding whether an eviction is just and equitable and on the availability of alternative and emergency housing, the municipality is joined as a respondent when an eviction application is issued.  This stems from section 26 of the Constitution, which guarantees the right to have access to adequate housing and prevents arbitrary evictions.

Beyond Administrative Formalities In Evictions

Too often, municipalities merely receive the eviction applications and notices served upon them. However, courts have made it clear time and time again that municipalities are not merely spectators in eviction cases. The Constitutional Court emphasised in Occupiers of 51 Olivia Road v. City of Johannesburg and City of Johannesburg v. Blue Moonlight Properties that municipalities must actively participate in meaningful interactions between landlords and tenants and or unlawful occupiers and assist in locating temporary or alternative housing.
This means that the municipality should actively look into the occupants’ situation and identify any vulnerable individuals such as children, the elderly, child headed homes or people with disabilities and inform the court about the housing aid that is available. The municipality should then conduct a report which aids the court in striking a balance between the occupiers’ rights to shelter and dignity and the property owner’s right to possession.

Challenges in Practice

Due to capacity limitations, municipal participation in eviction proceedings is often very poor. The delay in conducting the relevant reports for the courts to consider often leads to postponements or court orders compelling municipalities to file accurate reports. These delays can frustrate both landlords who seek the restoration of their property and occupiers who remain in uncertainty about their future housing situation. Nonetheless, courts are becoming more adamant in holding municipalities accountable for their constitutional obligations. Failure to meaningfully engage or provide adequate reports can even lead to cost orders against municipalities.

Conclusion

The municipality’s role in eviction proceedings goes far beyond receiving of court papers. It serves as an essential protection in that no one is rendered homeless before the court has taken into account viable alternatives. For landlords, understanding this role is essential to anticipate potential delays in eviction proceedings. For tenants and unlawful occupiers, it represents an important layer of protection grounded in human dignity and fairness embedded in our Constitution.

Essentially, municipalities are not mere bystanders in the eviction process but are key players in balancing the landlord’s property rights with the fundamental constitutional promise of adequate housing for all.

Disclaimer: The above should not be accepted as legal advice, and you are encouraged to seek legal advice.

Prepared by Khanyisile Mabunda