26/05/2026
A recent Western Cape High Court ruling has reinforced a critical reality for South African property owners: unlawful occupation can become legally protected once a property is regarded as a “home” under PIE legislation.
As highlighted by our Associate Director, Jason Berkowitz, the case of University of Cape Town v S.M.L and Others demonstrates how quickly an eviction matter can evolve beyond ordinary ownership enforcement into a complex constitutional and statutory process.
The judgment confirms that courts will consider the lived reality of occupiers, including the risk of homelessness, when determining whether PIE applies, even after a lawful eviction order has already been executed.
For landlords, investors and managing agents, the case is a powerful reminder that eviction matters require careful legal strategy from the outset. The incorrect approach can result in delays, additional costs and the need to restart proceedings entirely under the correct legal framework.
Read the full article via the link in the comments.
