Johannesburg Central Magistrate’s Court Civil Section
Practice Guidelines: Eviction in terms of the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act 19 of 1998
Johannesburg Magistrate’s Court Civil Section
- The application for eviction must be a separate application. The procedure to be adopted (except in urgent applications) is as follows:
1.1 The notice of motion must follow Form 2(a).
1.2 The notice of motion must allow not less than five days from date of service of the application for delivery of a notice of intention to oppose.
1.3 The notice of motion must give a date when the application will be heard in the absence of a notice of intention to oppose. All applications for evictions are to be set down for Court 25 and no other court.*
- After the eviction application has been served and no notice of intention to oppose has been delivered, or if a notice of intention to oppose has been delivered at a stage when a date for the hearing of the application has been determined, the applicant may bring an ex parte interlocutory application authorising a section 4(2) notice and for directions on service.
- When determining a date for the hearing of an eviction application, sufficient time must be allowed for bringing the ex parte application, for serving the section 4(2) notice and for the 14-day notice period to expire. The date for hearing must be arranged with the clerk of the court trial dates Room 1060.
- If the eviction application is postponed in open court on a day of which notice in terms of section 4(2) was duly given, and if the postponement is to a specific date, it will not be necessary to serve another section 4(2) notice in respect of the latter date.
- The local, provincial or national authorities that might be affected by an eviction order must be clearly identified.
- The Order authorising the notice and directing service of the notice should be substantially conform to Form G.
- These practice guidelines comes into operation as from 5 August 2011.
*See practice guidelines of the trial roll for the practice guidelines in respect of the roll court 25.
Dated: 10 August 2011
Amended: 05 May 2016