This legal concept is regulated by the Prevention of Illegal Eviction from and
Unlawful Occupation of Land Act (PIE).
The Constitution of the Republic of South Africa provides that: "No one may be evicted from their home, or have their home demolished,
without an order of court made after considering all the relevant
circumstances".
Arbitrary Evictions are not legal.. PIE sets out
the procedure to be followed in the case of such evictions.
In Port
Elizabeth Municipality v Various Occupiers, the Constitutional
Court stated that it expressly requires the court to
infuse elements of grace and compassion into the formal structures of the law.
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