The Constitution and the legislation protect vulnerable people (especially children) from being evicted into homelessness. Section 26 of the Constitution seeks to prevent arbitrary evictions. To give effect to that right the Prevention of Illegal Eviction and Unlawful Occupation of Land Act (PIE) was enacted. Germane to this analysis is section 4 which prescribes that an eviction order should only be granted if it is ‘just and equitable’. The considerations which the court must have regard to a priori determining that an eviction order is just and equitable are the rights and needs of the “elderly, children and disabled people”.