VAN DER WESTHUIZEN J
alternative land where the occupier may be relocated.26 A just and equitable date for
eviction must be determined.
Eviction and PIE
[30] It is common cause that Blue Moonlight is the owner, that the Occupiers‘
occupation is unlawful and that they have occupied the property for more than six
months. The High Court and the Supreme of Appeal held that Blue Moonlight had
complied with the requirements of PIE and was entitled to an eviction. The crucial
question before this Court is therefore whether it is just and equitable to evict the
Occupiers, considering all the circumstances, including the availability of other land,
as well as the date on which the eviction must take place.
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Section 4 provides:
―(1)
Notwithstanding anything to the contrary contained in any law or the common law,
the provisions of this section apply to proceedings by an owner or person in charge of
land for the eviction of an unlawful occupier.
...
(6)
If an unlawful occupier has occupied the land in question for less than six months at
the time when the proceedings are initiated, a court may grant an order for eviction if
it is of the opinion that it is just and equitable to do so, after considering all the
relevant circumstances, including the rights and needs of the elderly, children,
disabled persons and households headed by women.
(7)
If an unlawful occupier has occupied the land in question for more than six months at
the time when the proceedings are initiated, a court may grant an order for eviction if
it is of the opinion that it is just and equitable to do so, after considering all the
relevant circumstances, including, except where the land is sold in a sale of execution
pursuant to a mortgage, whether land has been made available or can reasonably be
made available by a municipality or other organ of state or another land owner for the
relocation of the unlawful occupier, and including the rights and needs of the elderly,
children, disabled persons and households headed by women.
(8)
If the court is satisfied that all the requirements of this section have been complied
with and that no valid defence has been raised by the unlawful occupier, it must grant
an order for the eviction of the unlawful occupier, and determine—
(a)
a just and equitable date on which the unlawful occupier must vacate the
land under the circumstances; and
(b)
the date on which an eviction order may be carried out if the unlawful
occupier has not vacated the land on the date contemplated in paragraph
(a).‖
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