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Step 1: Cancellation or withdrawal of consent

The landlord must cancel or withdraw any right or consent given to the occupier to stay on the property, such as a lease agreement, and give the occupier reasonable notice to vacate the property. The notice period may vary depending on the terms of the lease agreement or the nature of the breach by the occupier. The landlord must notify the occupier of the cancellation or withdrawal in writing and in accordance with the notices clause in the lease agreement. 

Step 2: Application for eviction order

If the occupier does not vacate the property within the notice period, the landlord must apply to the court (High Court or Magistrate’s Court) for an eviction order and serve the notice of motion on the occupier and relevant authorities, such as the municipality and the Department of Human Settlements. The notice of motion must state the grounds for eviction, the date of the court hearing and the deadline for filing an opposing affidavit. The notice must also inform the occupier of his or her rights and obligations during the eviction process. 

Step 3: Court hearing and decision

The occupier has the right to oppose the eviction and file an affidavit stating the reasons for doing so. The occupier may also request legal representation or alternative accommodation from the state. The court will consider all the relevant circumstances, such as the rights and needs of both parties, the availability of suitable alternative accommodation, the duration and purpose of occupation, and the impact of eviction on vulnerable groups, before granting or dismissing the eviction order. The court must act in accordance with the Constitution and ensure that no one is evicted from his or her home without a just and equitable order. 

Step 4: Execution of eviction order

If the eviction order is granted, it will specify the date by which the occupier must vacate the property and the conditions for his or her relocation. The sheriff will execute the eviction order if the occupier does not comply. The sheriff may use reasonable force to remove the occupier and his or her belongings from the property. The sheriff may also enlist the assistance of the police or other authorities to ensure a lawful and peaceful eviction.