Eviction requires a court order. No landlord, family member, or official may throw you out of your home without going to court first. This applies even in ...
FreeChapter 2 — Bill of RightsConstitution of South Africa, 1996
The Constitutional Text
What Section 26 Says
(1) Everyone has the right to have access to adequate housing. (2) The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right. (3) 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.
What This Means for You
Plain-Language Explanation
Practical Significance
Eviction requires a court order. No landlord, family member, or official may throw you out of your home without going to court first. This applies even in informal arrangements.
How to Use This Right
Practical Steps
1If facing eviction, do not leave voluntarily. You must be served with a court summons before any lawful eviction.
2Respond to the summons by filing an appearance to defend, raising your PIE Act rights.
3Contact Legal Aid or SERI immediately for free eviction defence assistance.
Common Questions
Frequently Asked Questions
Does the right to housing mean the government must give me a house?
Not immediately. Section 26 creates a positive obligation on the state to take "reasonable measures within available resources" to progressively realise access to adequate housing. Courts can compel the state to act where it has failed entirely or acted unreasonably — as in the Grootboom case.
Can I be evicted from an informal settlement?
Only by court order after the court has considered all relevant circumstances — including how long you have lived there, your personal circumstances, and whether alternative accommodation is available. The PIE Act applies to all occupants, including unlawful ones.
Knowing the right is step one. The Advocate trains you to use it — 149 real South African scenarios with exact rebuttals, law references, and Scripture. Free to start.