I didn't know my government house was approved, and when I checked I saw someone else is staying there.

The long answer

I think the first thing to do is to go to the municipality where you made the application, taking your Form C (Proof of Registration) and ID, and tell them that you were never informed that your house was approved. The municipality is supposed to inform you that your house has been approved and before you get the keys and move in, you must sign the “happy letter” which says that you have your house and are satisfied with it. But it’s not wise to depend entirely on the municipality – an applicant should check their status online regularly. 

Tell the municipality that someone else is living in the house allocated to you and ask them how that could have happened? Did they give this person a happy letter? And if not, then ask them to help you get your house back. Don't forget to write down the name of the person you speak to at the municipality and the date.

If you suspect fraud, you can also call the housing fraud hotline at 0800 204401.

But even if the municipality failed to notify you when they should have, you cannot evict a person in South Africa without a court order, under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (the PIE Act). 

The PIE Act lays down the steps that must be followed to evict occupiers of a property: 

• First inform the person in writing that they should leave by a specific date, and that if they have not left by that date, you will be seeking a court order to evict them.

• If they don’t leave by the date you specified, you must apply to the court to have a written notice served on the person telling them that you are applying for an eviction order. The court must serve this notice on the person at least 14 days before the court hearing. The notice must give the date and time of the hearing, and say what the grounds of the eviction application are. The notice must also inform the person that they have a right to oppose the eviction in court and that they can apply for legal aid. 

• The court notice must also be served on the municipality so they can tell the court if they have emergency accommodation that they can make available for the people if they are evicted. 

• At the hearing, the court must listen to both sides and must particularly consider the effect of an eviction on children and elderly people. 

• In the end the court must decide whether an eviction would be just and fair in the circumstances.

• If an eviction order is granted, the court will give a date by which the person (unlawful occupier/s) must leave and also the date that they will be evicted by the sheriff of the court if they don’t leave. The sheriff is the only person who is allowed to evict them.

You could ask Legal Aid to represent you in court. They are a means-tested organisation that must help people who can’t afford a lawyer.

These are their contact details:

• Email: [email protected]

• Tel: 0800 110 110 (Monday to Friday 7am to 7pm) 

• Please Call Me: 079 835 7179 

Wishing you the best,
Athalie