The recent judgment by the Supreme Court of Appeal (SCA) that students from the Cape Peninsula University of Technology (CPUT) could in fact be evicted does not mean that students living in higher education residences are not protected.
It does not imply that the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE) does not apply to students.
Law firm STTB says the judgment that was handed down in July is very important for universities across the country, but that there “appears to be a presumption” that it applies to student accommodation generally; this is not so.
Giving a brief background on the matter, the firm explains that a private property company, South Point, had leased accommodation premises to CPUT which, in turn, leased rooms in the residences to its students for the duration of CPUT’s 2020 academic year, which ended in November that year. However, at the end of the year, the students refused to vacate, even after receiving the requisite notice from CPUT.
South Point consequently approached the Western Cape High Court in January 2021 for an order evicting the students, placing reliance on the rei vindication, which is the primary remedy for an owner who is reclaiming possession of his property from a defendant. The students defended the matter and argued that the provisions of PIE had to be followed, and that they were entitled to protection as per the Act.
After the company argued that PIE did not apply in the specific instances, as the application related to eviction from CPUT student premises that did not constitute homes as per the Act’s description, the evictions were deemed legal.
Ultimately, STTB states that:
- The student accommodation provided did not replace the homes from which the students came to study at CPUT. They had homes other than the residence so eviction would not render them homeless.
- The accommodation was provided for a finite and temporary period, and for the transitory purpose of facilitating their studies.
- Higher education institutions regulate access to student accommodation in terms of their institutional rules.
“Those who are fortunate enough to benefit from accommodation provided by CPUT know full well that each and every year, new students come to the university who legitimately look to the University for the very assistance that these students enjoyed.
“Equity requires that those who have had the benefit of accommodation should yield to those who have not.”
The SCA therefore upheld the Western Cape High Court’s ruling.
However, in cases where private homeowners lease premises to students, the position is different. This is because of various considerations, including:
- The rental is not “by its nature temporary and for a purpose that is transitory” in the same way as the student accommodation in the CPUT matter. Private lease agreements for students are usually for a full 12 months and similar to any other residential lease agreement.
- In many instances, the private landlords are not accredited with the higher learning institution and neither is the premises made available by the higher institution. Rather, the landlords themselves advertise their premises for rent.
Therefore, STTB warns that people should not believe information that causally states that PIE does not apply to evictions of students from accommodation.
“It is most likely to be applicable in the sphere of private leasing.”
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