On 9 March 2022, the Socio-Economic Rights Institute of South Africa (SERI) hosted a webinar where they shared their research findings on eviction applications in the Johannesburg Central Magistrate's Court and their compliance with the law. Shaun Russell (Project Lead on the Eviction’s Project) and I attended SERI’s webinar and found their research findings aligned with our experiences working on evictions.org.za. This article shares our insights from this webinar and reflects on the importance of considering the personal circumstances of tenants (and landlords) for just and equitable evictions. 

In their research, SERI analysed eviction cases in 12 wards in the inner city of Johannesburg and its immediate periphery. The cases were litigated at the Johannesburg Central Magistrate’s Court between 2013 and 2018. The SERI team sought to answer whether the eviction applications included in the analysis were conducted through a just and equitable lens. 

Section 26 of the Constitution states that: 1. Everyone has the right to have access to adequate housing. 2. The state must take reasonable legislative and other measures within its available resources to achieve the progressive realisation of this right. 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. No legislation may permit arbitrary evictions.¹

PIE Act Section 4 (5)...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.²

What does it mean to share all the relevant facts of the respondent household that the court would need to know for a just eviction matter?

• How many people are going to be evicted by this application? 
• Are there any minor children, disabled or elderly persons in this household? 
• Are the members of this household unemployed? 
• Do they rely on government grants? 
• Do the children attend school in the area? 
• Does anyone in the household require medical attention close to their current residence? 
• Do they have somewhere else to go? 
• Will they be rendered homeless by the eviction?

Are evictions being conducted in compliance with South African Law?

“The absence of an enquiry into personal circumstances and the severe under-representation of the respondents indicate that in assessing the competing interests between property owners and those seeking a home, the rights of the latter are not duly considered in a manner consistent with the prevailing legislation or larger constitutional principles of dignity, equality and fairness. “ - Evictions Research Report 1, page 27. 

Figure 1: Eviction cases and the consideration of personal circumstances. 

‘It is recommended that the judiciary focus on the manner in which the law is implemented in magistrates’ courts. This means that courts should redirect their focus to implementing the law in the manner most consistent with overarching constitutional principles and that deviation from the application of procedure be given appropriate scrutiny. This may require that the Office of the Chief Justice monitor eviction orders issued by the magistrates’ court.’ - Evictions Research Report 1, page 28. 

‍Reference: SERI. “An analysis of eviction applications in the Johannesburg Central Magistrate’s Court and their compliance with the law”, in Just and Equitable? Evictions Research Series Report 1, Socio-Economic Rights Institute (SERI) (January 2022).