Abstract:
This dissertation focuses on the use of force during evictions, particularly in the context of mass evictions (where mass evictions are defined as the eviction of a group of people from unlawfully occupied property).
The South African approach to the use of force during evictions is evaluated through an analysis of section 4(11) of the Prevention of Illegal Evictions and Unlawful Occupation of Land Act 19 of 1998. This section allows third parties to assist the sheriff in executing an eviction order. Based on the principles of subsidiarity, ancillary empowering legislation such as the Sheriff’s Act 90 of 1986, the South African Police Service Act 68 of 1995, and the Private Security Industry Regulation Act 56 of 2001, are also considered in this analysis. A determination is then made on whether said legislation adequately provides for the use of force in evictions.
Where such framework is found to inadequately provide procedural and substantive protection, this dissertation analyses the international and foreign framework of laws as they relate to the use of force and evictions in order to provide guidance as to the shortcomings and possible solutions to any inadequacies in the current South African approach. Thus, better providing the necessary procedural and substantive safeguards for the use of force in evictions.
