| (1) | If it was an express, material and fair term of the consent granted to an occupier to reside on the land in question, that the consent would terminate upon a fixed or determinable date, the Court may on termination of such consent by effluxion of time grant an order for eviction of any person who became an occupier of the land in question after 4 February 1997, if it is just and equitable to do so. |
[Section 11(1) substituted by section 9 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, G49372, dated 27 September 2023]
| (2) | In circumstances other than those contemplated in subsection (1), the Court may grant an order for eviction in respect of any person who became an occupier after 4 February 1997, if it is of the opinion that it is just and equitable to do so— |
[Words preceding section 11(2)(a) substituted by section 9 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, G49372, dated 27 September 2023]
| (a) | the court is of the opinion that it is just and equitable to do so; and |
| (b) | the owner or person in charge of the land and the occupier have attempted mediation to settle the dispute in terms of section 21 or referred the dispute for arbitration in terms of section 22, and the court is satisfied that the circumstances surrounding the order for eviction is of such a nature that it could not be settled by way of mediation or arbitration. |
[Section 11(2) substituted by section 6 of the Extension of Security of Tenure Amendment Act, 2018, Notice No. 1259, GG42046, dated 20 November 2018 - effective 1 April 2024 by Commencement Proclamation Notice 146, GG50014, dated 19 January 2024]
| (3) | In deciding whether it is just and equitable to grant an order for eviction in terms of this section, the court shall have regard to— |
| (a) | the period that the occupier has resided on the land in question; |
| (b) | the fairness of the terms of any agreement between the parties; |
| (d) | the reason for the proposed eviction; and |
[Section 11(3)(d) substituted by section 25(c) of Act No. 61 of 1998]
| (e) | the balance of the interests of the owner or person in charge, the occupier and the remaining occupiers on the land. |
