Book Review: Eviction and rental claims: A practical guide

• Jurisdiction: South Africa
• Pages: 370-372
• Author: Sue-Mari Maass
• Date: 16 August 2019
• Published date: 16 August 2019
• Citation: (2010) 21 Stell LR 370

Eviction and Rental C laims: A Practical Guide by CP Smith.

LexisNexis Butterwor ths Durban 2009. xiv & 456 pp. ISBN 978 0 409

04476 8. R861.84

This loose leaf publication follows in the footsteps of Lillian Chenwi’s

Evictions in South Afr ica: Relevant International and National Standards

(200 8), which also a dopts a practice-orientated approach to the discussion

of the law of evictions. These type s of publicat ions are gaining popularity

among practitioner s because they provide concise guidelines for the solution

of a particular problem. This publication, however, exceeds the paramete rs

of easy ascertainable pointers and ventures into the realms of a substantial

academic work t hat is unfortunat ely crippled by slightly watered down

theoretical discussions a nd case law analyses.

The publication is divided into 3 parts. Part 1 (chapters 1 to 6) deals w ith

the law of evictions and includes chapters on the common law, the impact of

the Constitution of the Republic of South Africa, 1996 [...], the Prevention

of Il legal Eviction from and Unlawful O ccupation of Land Act 19 of 1998

(PIE), t he Extension of Sec urity of Tenure Act 62 of 1997 ( ESTA) and the

Land Reform (Labour Tenants) Act 3 of 1996. The chapter on PIE fails to

address th ree signicant recent developments t hat are of great import ance to

any practit ioner in the eld of evictions. The rst concern s the debate about

the joinder of local authorities. The High Courts have grappled with this issue

in ABSA Bank Ltd v Murray 2004 2 SA 15 (C), Cashbuild (South Africa)

370 STELL LR 2010 2

(2010) 21 Stell LR 370

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