SCA outlaws use of dirty tactics to pressure tenants into self-evicting

Occupiers must be given prior notice

- By Mzwandile kaBizokwakhe

In a landmark ruling that strengthens the protection of the rights of tenants this week, the Supreme Court of Appeal (SCA) has outlawed the practice of using utility cutoffs as a weapon to pressure tenants into vacating properties.

The judgment explicitly prevents municipalities from disconnecting essential services at a landlord's request without first notifying and giving tenants a right to be heard.

The case centred on tenants in Maclear who, in February 2023, had their electricity and water supplies abruptly disconnected by the Elundini Local Municipality at the request of the property owner. The action was taken without any prior warning to the occupants, who launched an urgent legal application to restore services.

The SCA's ruling overturned a decision by the Makhanda High Court in Eastern Cape, which had dismissed the tenants' case.