Housing Development Agency Act, 2008
R 385
Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 (Act No. 19 of 1998)8. Offences and private prosecutions |
| (1) | No person may evict an unlawful occupier except on the authority of an order of a competent court. |
| (2) | No person may wilfully obstruct or interfere with an official in the employ of the State or a mediator in the performance of his or her duties in terms of this Act. |
| (3) | Any person who contravenes a provision of subsection (1) or (2) is guilty of an offence and liable on conviction to a fine, or to imprisonment not exceeding two years, or to both such fine and such imprisonment. |
| (4) | Any person whose rights or interests have been prejudiced by a contravention of subsection (1) has the right to institute a private prosecution of the alleged offender. |
| (5) | The provisions of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), apply to a private prosecution in terms of this Act: Provided that if— |
| (a) | the person prosecuting privately does so through a person entitled to practice as an advocate or an attorney in the Republic; |
| (b) | the person prosecuting privately has given written notice to the public prosecutor with jurisdiction that he or she intends to do so; and |
| (c) | the public prosecutor has not within 28 days of receipt of such notice, stated in writing that he or she intends to prosecute the alleged offence, |
then—
| (i) | the person prosecuting privately need not produce a certificate issued by the Attorney-General stating that he or she has refused to prosecute the accused; |
| (ii) | the person prosecuting privately need not provide security for such action; |
| (iii) | the accused is entitled to an order for costs against the person prosecuting privately if— |
| (aa) | the charge against the accused is dismissed or the accused is acquitted or a decision in favour of the accused is given on appeal; and |
| (bb) | the court finds that such prosecution was unfounded or vexatious; and |
| (iv) | the Attorney-General is barred from prosecuting except with the leave of the court concerned. |
