Direct Answer
The Prevention of Illegal Eviction Act (PIE Act) and Section 26 of the Constitution protect all occupants — including unlawful occupants in informal settlements — from eviction without a court order. Before granting an eviction, the court must consider how long you have lived there, your personal circumstances, and whether alternative accommodation is available.
What the Law Says
Your Legal Foundation
Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998
Section 4(7)
“If an unlawful occupier has occupied the land in question for more than six months, the court must have regard to the availability of suitable alternative accommodation or land.”
Constitution of South Africa
Section 26(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.”
Constitution of South Africa
Section 26(2)
“The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of the right of access to housing.”
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