Property & Housing Rights Rights in South Africa

No. This is absolutely prohibited. The PIE Act (Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998) and Section 26(3) of the Constitution require a court order before any eviction can take place — even if your lease has ended, even if you owe rent, and even if you are occupying without a lease. A landlord who physically removes you, changes your locks, or cuts off utilities to force you out is committing an illegal act. You can call the police and apply to a magistrate's court for an urgent interdict the same day.

The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 protects any person who occupies land or a building — whether with or without a lease. Before an eviction can take place, the court must be satisfied that it is just and equitable. The court must give specific consideration to the circumstances of elderly persons, children, disabled persons, and female-headed households. You must receive written notice of any eviction application at least 14 days before the hearing, giving you the opportunity to oppose it.

Call the police immediately. Changing your locks without a court order is an unlawful eviction — a criminal act. Ask the police to accompany you and restore your access. At the same time, apply urgently to the magistrate's court for an interdict (a court order) compelling the landlord to let you back in. You may also claim damages. This applies even if you owe rent — arrears do not give a landlord the right to lock you out without a court order.

A landlord must give you written notice to vacate — usually one rental period (e.g. one month if you pay monthly) — before they can even approach a court. Once they apply to court, the court must serve notice on you at least 14 days before the hearing (longer for long-term occupiers). The hearing gives you the right to present your case. The total minimum timeline from notice to eviction is typically 6–10 weeks for a straightforward case.