The strategy of organised property hijacking syndicates is simple: force their way into occupied or vacant properties, forcibly evict tenants or owners, and put in place tenants of their choice.
Steyn said that the reason why this practice is becoming so prevalent is that the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act has not been amended to keep up with syndicates that rely on its onerous provisions and the inaction, and sometimes collusion, with these syndicates by members of the SA Police Service .
Notice must be given to the unlawful occupiers, and when hearing the application the court must consider all relevant circumstances, including:Whether alternative accommodation has been made available or can reasonably be made available by a municipality, organ of state or an owner of property for the relocation of the unlawful occupier; andThese legally mandated considerations result in a logistical nightmare for the court, the property owner and the relevant municipality.
“If an eviction application is opposed – which it usually is when organised syndicates are involved – the process can drag out for years. Legal costs for the property owner can easily exceed R800,000, and they are seldom recoverable.”
Why are owners taking the legal route? Get some tough guys, work smart, and beat the living daylights out of them.
This is what happens when we use our emotional triggers to make laws. We have so much unprocessed pain from past eviction laws that we drafted legislation that all but does away with the ownership rights/claims like rei vindicatio