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Christo Smith Law Blog

Inconsistency of eviction orders

Inconsistency of eviction orders  

Do the courts always adequately consider if their eviction orders are  executable? Why is there a growing inconsistency between judgments in eviction matters?

At the core of the controversy is the discretion a court has when applying the “just and equitability” requirement in terms of sections 4(7) and (8) of Pie (Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998).

Inconsistency of eviction orders