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A BRIEF OVERVIEW OF THE APPLICATION OF THE PREVENTION OF ILLEGAL EVICTION FROM AND UNLAWFUL OCCUPATION OF PROPERTY ACT 19 OF 1998 (the “PIE Act”)

When does the PIE Act apply?
PIE applies in respect of all land within South Africa (irrespective of the zoning of such land) which is unlawfully occupied for residential purposes (being buildings or structures that are used as dwellings and housing or shelter for human beings).

One of the prevailing cases in this regard is the Supreme Court of Appeal Case of Ndlovu v Ngcobo; Bekker v Jika (2002) 4 All SA 384 (SCA) (the “Ndlovu Case”). In terms of the PIE Act as interpreted by the Ndlovu Case an unlawful occupier is a person who occupies land:

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