Spoliation Orders And Valid Evictions

As South Africans we have had to endure many hardships brought about by the COVID-19 pandemic, especially the negative impact that it has had on the economy. This has resulted in many businesses in South Africa closing their doors as well as job losses and pay cuts which affects tenants' ability to pay rent. The inability of tenants to pay rent compounded with the delays concerning evictions is frustrating landlords and may tempt them to take the law in to their own hands which constitutes self-help.

Mechanisms Available To Tenants

Acts like unlawfully cutting off the tenant's electricity and water or changing the locks is considered self-help and the tenant will be able to apply to the court for a spoliation order. Spoliation is wrongfully depriving another of their right of possession.' The aim of spoliation is to prevent self-help. It seeks to prevent people from taking the law into their own hands.' [Ivanov v North West Gambling Board and Others (312/2011)