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eviction attorney Johannesburg Archives | Eviction Lawyers South Africa

Jan 29
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Expropriation Act

Expropriation Act is now law

By | Expropriation Bill

A new era, or the same old fault lines?

Last Thursday, President Cyril Ramaphosa signed into law the much-debated Expropriation Bill (now the Expropriation Act, 2025). This legislative milestone marks the first update to the country’s expropriation framework since the apartheid-era Act of 1975. Unsurprisingly, given its history, the Act is already headed for legal and political controversy. Expropriation is the taking of privately owned property by government (the expropriating authority) for the public good in return for “just and equitable” compensation.

The Act has ignited debate across the political spectrum. The DA and Solidarity promise court challenges, while the EFF has branded the reform a “legislative cop-out”. DA Minister of Public Works and Infrastructure Dean Macpherson has stated there will be “no expropriation of private property on my watch,” sparking discord within the Cabinet.

Will the Expropriation Act right historical wrongs while upholding constitutional values, or is it an unconstitutional framework doomed to cause more problems than it solves? We examine the controversies, opportunities, and societal implications of the Expropriation Act. 

Protecting property rights

For many South Africans, “expropriation” invokes fears of blanket land seizures. However, well-crafted expropriation laws can stabilise property rights by making state interventions more transparent and rule-bound. Countries like Germany and Canada have used the right of a government to expropriate private property for public use to encourage development while respecting individual rights.

Features of the new Act

The Act aims to align expropriation procedures with Section 25 of the Constitution, which requires “just and equitable” compensation. There are specific circumstances, such as abandoned or speculatively held land, where “nil compensation” may be just. Disputes can be referred to the courts for final determination. In principle, this ensures adherence to fair administrative procedures mandated by both the Promotion of Administrative Justice Act 3 of 2000 (PAJA) and the Constitution.

Potential problems with the Act

Despite these safeguards, top legal minds argue that certain sections—particularly Sections 7, 8, and 19—create procedural contradictions. Critics say these provisions create dual legal mechanisms, placing the administrative determination of “just and equitable” compensation in conflict with a court-driven process. The Act is intended to clarify expropriation but it could wind up further complicating our land reform agenda.

This is also the first significant test of the GNU. The ANC has been developing this legislation for the past 10 years, and is now dependent on DA support, but the DA is opposed to nil compensation. Beyond the DA, there is broad political resistance. In addition to the EFF’s dismissal, the Freedom Front Plus accuses the Act of overreach; Solidarity has concerns about business confidence and property rights; and COSATU backs the Act as a tool to expedite land reform without inflated payouts.

Possible benefits of the Act

If the Expropriation Act is implemented transparently and thoughtfully, it could facilitate land reform and accelerate transformation. The Act has the potential to activate idle assets. Large tracts of derelict or unused land could be repurposed for social housing and agricultural projects, revitalising local economies. A workable framework could attract socially conscious investors and encourage public–private partnerships. It could even strengthen Ubuntu, which holds that community wellbeing and individual prosperity are intertwined. A fair expropriation mechanism could reflect Ubuntu by balancing historical redress with individual property rights.

Key points for landowners, investors and communities

Property owners are understandably worried about the risk of arbitrary land seizure. It will hopefully reassure them to know that the Act ensures that expropriation serves a clear public purpose or interest. Owners can challenge decisions or seek mediation under the law, consistent with PAJA and constitutional requirements for fair administrative action. However, litigation costs could rise if there are disputes over the interpretation of “nil compensation”.

For prospective buyers and investors, a robust expropriation regime could reduce unpredictability. Investors keen on projects with social impact may benefit if underutilised land is made available, provided the courts uphold the Act in a clear manner. However, legal action threatened by various political parties may place new land deals on hold.

For communities, an effective expropriation process could aid restitution and support community-based agricultural projects and social housing, provided processes are consistent with the Constitution and PAJA. Civil society must remain vigilant to ensure nil compensation is not misused.

Creating hope for the future 

The history of land ownership in South Africa is marked by dispossession, pain and a search for justice. The Expropriation Act 2025 has the potential to be a turning point for inclusive development, but it could also spark fresh legal and social conflict. The Act’s acceptance and effectiveness will depend on integrity of application and the robustness of the judicial system in its enforcement. The Act will undoubtedly be tested in the courts. We will be watching avidly.

If you have questions or concerns about the Expropriation Act

Simon Dippenaar & Associates, Inc. is a law firm of specialist eviction lawyers in Cape Town, Johannesburg and Durban. If you have concerns or questions about the Expropriation Act and how it might affect you or your property, contact Simon on 086 099 5146 or email sdippenaar@sdlaw.co.za

Further reading:

Jan 16
0

Evicting unknown occupants

By | Evictions, PIE, Rental Housing Act

How to evict tenants when you don’t know who they are

If you own property you don’t live in, at some point you may be faced with illegal occupants – squatters. Squatters may be – and often are – known to you. Your tenants have stopped paying their rent but fail to vacate the premises. Unpleasant and inconvenient as it is, there is a defined process for evicting non-paying tenants, or occupants in breach of any other condition of the lease. But what happens when you don’t know who the occupants are? This is not as unlikely as it sounds. Perhaps you have relocated from one city to another and your former home is on the market but unsold at the time of your departure. You relocate, taking your possessions with you, and the house is unoccupied. Seeing an opportunity, squatters manage to breach your security defences and move in. Even though their occupation is unlawful, they now have certain rights and you must follow due process to reclaim your property. How do you evict unknown occupants? 

Just such a case happened in Mpumalanga, though this case involved a municipality rather than a private landlord. The case of Emakhazeni Municipality v Ngubeni provides critical guidance as to how municipalities, landlords and other property owners can handle eviction proceedings when the identities of the occupants are unknown. This decision by the Mpumalanga High Court highlights the steps that must be taken to ensure an eviction is lawful and procedurally fair, even when the people occupying the property cannot be specifically named or served with legal documents.

Case summary

The Emakhazeni Municipality sought to evict individuals who had been living on municipal land without legal rights or authorisation. Ngubeni was named as the respondent in the eviction application, while the identity of the remainder of the occupants was unclear, as there was no precise information about who else was occupying the property.

The municipality argued that the land was illegally occupied and therefore applied for an eviction order. However, the unknown identity of the other occupiers raised questions about how the eviction process could be properly served.

Court’s findings

The court recognised the municipality’s right to seek eviction of unauthorised occupants but emphasised several important considerations in ensuring the eviction was lawful and fair:

  1. Notification and service of process: One of the central issues in the case was the correct service of the eviction application on the unknown occupiers. The court ruled that, even in situations where the occupiers cannot be individually identified, the notice of eviction must still be directed to the “unknown occupants” of the property. 

This is essential to ensure the eviction process adheres to the principles of natural justice, giving anyone residing on the property an opportunity to respond. Importantly, while personal service is the ideal method for informing an occupant of eviction proceedings, the court acknowledged that, in cases involving unknown individuals, alternative forms of notice may be acceptable. This could include posting the notice on the property or other reasonable steps to alert the occupiers.

  1. Reasonable steps to identify occupants: The municipality was required to take reasonable steps to ascertain who was living on the property. This could involve physical investigation, consulting local records or using other means to identify the individuals occupying the land. Assuming the named individual (Ngubeni) was the only person occupying the land would not suffice.

The court stressed that landlords and municipalities must demonstrate they have made diligent efforts to confirm the identities of all those living on the property. In this case, failure to identify the other occupants adequately could undermine the eviction application.

  1. Fairness in the eviction process: A central theme in the judgment was the need for fairness. The court emphasised that, even if the identities of the occupiers are unknown, the eviction process must respect their constitutional right to a fair hearing. This includes giving them the opportunity to oppose the eviction or show cause why they should not be evicted, regardless of their unknown status.

The court pointed out that any eviction that proceeds without fair process could be challenged and potentially set aside, especially if it can be shown that proper procedures were not followed.

Lessons for landlords and municipalities

The Emakhazeni Municipality v Ngubeni case provides essential insights for landlords, municipalities and property owners who face the challenge of evicting unknown occupants. Key considerations include:

  • Take reasonable steps to identify occupants: Landlords should conduct a thorough investigation to determine who is occupying the property. Naming one individual in an eviction application, without confirming whether others are living there, is insufficient.
  • Service of eviction notices to unknown occupants: In cases where the identities of the occupiers are unknown, landlords or municipalities should serve notices to the “unknown occupants” of the property. This ensures that anyone residing on the land is informed about the eviction proceedings. If personal service is not possible, other forms of notification, such as posting the notice at the property or publishing it in local newspapers, are generally considered appropriate. However, landlords should be careful to follow the legal requirements closely.
  • Procedural fairness: The right to a fair hearing is a cornerstone of South African law, particularly in matters related to eviction. Even if occupiers cannot be specifically identified, they must be given a reasonable opportunity to contest the eviction. Failing to offer an adequate opportunity to respond could render the eviction process unfair and subject to legal challenge.
  • Legal advice and guidance: Given the complexities of eviction cases, especially when dealing with unknown or unidentified occupants, landlords and municipalities are strongly advised to consult with legal professionals. An attorney will ensure the eviction process follows the correct procedures, preventing delays and the risk of a void or invalid eviction order.
  • Alternative solutions: If the eviction involves vulnerable groups or occupiers who are unable to be identified, landlords should explore alternative solutions. This could include negotiating temporary relocation, offering accommodation assistance, or pursuing other legal remedies that do not immediately result in displacement. However, this may be more feasible for municipalities than for private landlords.

For further information

Whoever your tenants are, whether they are known to you or not, taking reasonable steps to identify occupants, serving notices correctly, and ensuring procedural fairness are essential components of a lawful eviction. If you adhere to these principles, you will avoid costly mistakes and ensure the eviction process is carried out smoothly and justly.

Eviction lawyers SD Law can answer your questions about rental housing rights and advise you on eviction procedure if it becomes necessary. Contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za. Simon Dippenaar & Associates, Inc. is a law firm of specialist eviction lawyers in Cape Town, Johannesburg and Durban working hard to help landlords and tenants maintain healthy working relationships. 

Further reading:

Dec 09
0

The rise and rise of Airbnb

By | Tenants

Can Cape Town accommodate both tourists and residents?

Anyone looking for a flat to rent in Cape Town knows the city has a housing crisis. In popular areas, desirable properties are snapped up as soon as they come on the rental market, having been viewed by multiple hopeful prospective tenants. The rise of short-term rental platforms like Airbnb has been blamed by some for a dramatic shift in the housing market and the difficulty faced by locals trying to find affordable rental accommodation. But the reality is far more complex. Airbnb is only one factor influencing the housing market, and its impact is not exclusively negative. Short-term lets bring advantages as well as disadvantages. We look at both sides of the story.

Short-term lets

In the last few years, and especially since the Covid-19 pandemic, Cape Town has seen a surge in the popularity of short-term rentals. In areas like the City Bowl and Atlantic Seaboard, Airbnb listings have increased by 190% since 2022. According to Inside Airbnb, Cape Town has 23,564 listings, which attract an average price of R2367 per night. Most of these are entire homes. However, this is not the only source of pressure on the housing market.

Internal migration

The Western Cape has long been a destination for internal migration. About one in five of the province’s 7.433 million people was born elsewhere in the country, with two thirds coming from the Eastern Cape. Recently, inward migration has increased. Over the past 10 years, 295,908 people came to the Western Cape from other provinces, while 112,520 left, giving the province the highest inter-provincial net increase in the country at 183,388. (Source: StatsSA’s 2023 Migration Profile Report for South Africa, which analysed South Africa’s migration patterns.) One look at the number of Gauteng numberplates on our roads indicates that inward migration from Gauteng has increased, notably since Covid-19. Gauteng’s share of outmigration according to Census 2022 was 26.7%. This is an increase from 17.8% in Census 2011. Furthermore, the Western Cape is the place people are least likely to leave. Joburgers who come to Cape Town do so for a better life, with no intention of leaving, whereas people who move to Joburg often do so for economic and career advancement, with a very clear deadline in mind. Internal migration, whether from Eastern Cape or Gauteng, contributes to the shortage of housing stock. It’s inaccurate to attribute the entire problem to Airbnb.

Community concerns about short-term lets

Certain sectors of society have concerns about the negative effects of short-term lets and platforms such as Airbnb, and these concerns are legitimate. Some worry about the erosion of neighbourhood integrity and the displacement of families. When properties are converted to temporary accommodation, the stability enjoyed by long-term residents may be undermined. They may worry about noise and safety. They may feel a loss of cultural identity in areas that have historically defined Cape Town.

Undeniably, the growth in the short-term rental market has an impact on property affordability in the Mother City. It is not only rental prices that have been pushed up; property values are also rising, although this is driven by a variety of factors, including the attractiveness of Cape Town as a destination for both tourists and internal migrants. People relocating from Joburg remark on the high house prices here relative to their Gauteng property values. First-time buyers find it very difficult to get on the property ladder in Cape Town.

Advantages of short-term lets for communities

There are two sides to every story. Cape Town relies on tourism. As the rand has weakened over the years, South Africa has become an increasingly attractive destination for visitors from Europe, the UK, and the US. But even with a strong currency, hotel stays are expensive, especially when meals are factored in. The expansion of the accommodation market has made Cape Town accessible to a wider cohort of visitors. Furthermore, Airbnb has brought tourism into neighbourhoods that did not traditionally serve this trade, benefitting the local economy. Visitors occupying an entire house often buy groceries at local shops, dine in local restaurants, etc., supporting community entrepreneurs. There is an indirect, spin-off benefit in the increased need for support services, such as cleaners and Uber drivers.

Airbnb can also reveal previously “hidden” areas of Cape Town, taking visitors beyond the typical tourist areas. Allowing people to experience a more authentic side of Cape Town can encourage longer-term interest and engagement with the city and lead to return visits.

Furthermore, not all Airbnb hosts are wealthy tycoons with a portfolio of rental properties. Many are private individuals trying to supplement their meagre income. Many hosts move out of their own homes during the peak season and move in with family in order to make the entire property available to guests (a much more attractive proposition than a room in a shared home). Hosts report that Airbnb is a vital source of supplemental income which helps them make ends meet, as the cost of living continues to escalate.

The need for regulation

Proponents for both sides of the argument agree on the need for regulation. In response to a request from the Federated Hospitality Association of South Africa (FEDHASA), the Department of Tourism revealed its intention to regulate Airbnb and other home-sharing apps in April 2019 through the Tourism Amendment Bill. It published a green paper on the development and promotion of tourism in South Africa in October 2023, undertaking a policy review process that will inform the regulations in the Bill. Under consideration is a threshold for Airbnb locations in South Africa, including limits on how many nights a guest can book at one property. The aim is to keep properties available for long-term rental while still allowing homeowners to benefit from Airbnb during peak seasons. It’s hard to see quite how that would work; tenants want a home all year round. But requiring hosts to register with local authorities could provide greater transparency and more effective oversight of the short-term rental market.

The Chair of FEDHASA, Rosemary Anders, summarises: “We need to ensure that government and local authorities implement sustainable tourism policies that protect the economy, local communities and residents’ rights while simultaneously providing attractive accommodation options for tourists. This approach necessitates frameworks that safeguard all stakeholders.”

For further information

If you are a property owner, Airbnb host, or tenant with any questions on rental housing legislation or landlord–tenant relations, contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za. Simon Dippenaar & Associates, Inc. is a law firm of specialist eviction lawyers in Cape Town, Johannesburg and Durban working hard to help landlords and tenants maintain healthy working relationships.

Further reading: