Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997)Chapter IV : Termination of Right of Residence and Eviction12. Further provisions regarding eviction |
[Words preceding section 12(1)(a) substituted by section 10 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, G49372, dated 27 September 2023]
| (a) | determine a just and equitable date on which the occupier shall vacate the land; |
| (b) | determine the date on which an eviction order may be carried out if the occupier has not vacated the land on the date contemplated in paragraph (a); and |
(c) determine reasonable weather conditions under which an eviction order may be carried out.
[Section 12(1)(c) inserted by section 7 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]
| (2) | In determining a just and equitable date the court shall have regard to all relevant factors, including— |
| (a) | the fairness of the terms of any agreement between the parties; |
| (b) | the balance of the interests of the owner or person in charge, the occupier and the remaining occupiers on the land; and |
| (c) | the period that the occupier has resided on the land in question. |
| (3) | The Court may, at the request of the sheriff in question, authorise any person to assist the sheriff to carry out an order for eviction, demolition or removal, subject to the conditions determined by the court as to the execution thereof: Provided that sheriff shall at all times be present during such eviction, demolition or removal. |
[Section 12(3) substituted by section 11 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, G49372, dated 27 September 2023]
| (4) | Any order for the eviction of an occupier in terms of section 10 or 11 shall be subject to reasonable terms and conditions for further residence which may be determined by the court, having regard to the income of all of the occupiers in the household. |
| (5) | The Court may, on good cause shown, vary any term or condition of an order for eviction made by it. |
[Section 12(5) substituted by section 12 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, G49372, dated 27 September 2023]
| (6) | Notwithstanding the provisions of sections 10 and 11, the court shall not order the eviction of an occupier if it is of the opinion that one of the purposes of such intended eviction is to prevent the occupier from acquiring rights in terms of section 8(4). |