Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997)Chapter I : Introductory Provisions1. Definitions |
| (1) | In this Act, unless the context indicates otherwise— |
means the Land Rights Management Board established in terms of section 15A;
[Definition inserted by section 1(a) 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]
means express or tacit consent of the owner or person in charge of the land in question, and in relation to a proposed termination of the right of residence or eviction by a holder of mineral rights, includes the express or tacit consent of such holder;
means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);
means the Land Court established by section 3 of the Land Court Act, 2023, or a Magistrate's Court in whose area of jurisdiction the land in question is situated, including a Special Tribunal established under section 2 of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996);
[Definition substituted by section 1 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, G49372, dated 27 September 2023]
means a family member whom the occupier has a legal duty to support;
[Definition inserted by section 1(b) 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]
means the Director-General of the Department of Rural Development and Land Reform or an officer of that Department who has been designated by the said Director-General either generally or in respect of a particular case, or in respect of cases of a particular nature;
[Definition substituted by section 35 of the Rural Development and Land Reform General Amendment Act, 2011 (Act No. 4 of 2011), Notice No. 427, GG 34300, dated 16 May 2011]
means an employee in terms of the Labour Relations Act;
"established practice"
means a practice in terms of which the owner or person in charge or his or her predecessor in title routinely gave permission to people residing on the land to bury deceased members of their family on that land in accordance with their religion or cultural belief;
[Definition inserted by section 6(b) of Act No. 51 of 2001]
means to deprive a person against his or her will of residence on land or the use of land or access to water which is linked to a right of residence in terms of this Act, and "eviction" has a corresponding meaning;
means the occupier's spouse, and includes—
| (i) | a spouse in a customary marriage, whether or not the marriage is registered; |
| (ii) | a child, including an adopted child, or foster care child; |
| (iii) | a grandchild; |
| (iv) | a parent; and |
| (v) | a grandparent, |
who are dependants of the occupier and who reside on the land with the occupier;
[Definition inserted by section 1(c) 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]
[Definition deleted by section 2 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, G49372, dated 27 September 2023]
means the Land Rights Management Committees contemplated in section 15H;
[Definition inserted by section 1(d) 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]
means the Minister responsible for Rural Development and Land Reform;
[Definition substituted by section 1(e) 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]
means a municipality as defined in section 1 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);
[Definition substituted by section 1(f) 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]
means a person residing on land which belongs to another person, and who, on 4 February 1997 or thereafter, had consent or another right in law to do so, but excluding—
| (a) | [Paragraph (a) deleted by section 6(a) of Act No. 51 of 2001] |
| (b) | a person using or intending to use the land in question mainly for industrial, mining, commercial or commercial farming purposes, but including a person who works the land himself or herself and does not employ any person who is not a member of his or her family; and |
| (c) | a person who has an income in excess of the prescribed amount; |
[Definition substituted by section 1(g) 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]
means a development which provides the occupants thereof with an independent tenure right on land owned by someone other than the owner of the land on which they resided immediately prior to such development;
means a development which provides the occupants thereof with an independent tenure right on land on which they reside or previously resided;
means the owner of the land at the time of the relevant act, omission or conduct, and includes, in relation to the proposed termination of a right of residence by a holder of mineral rights, such holder in so far as such holder is by law entitled to grant or terminate a right of residence or any associated rights in respect of such land, or to evict a person occupying such land;
means a person who at the time of the relevant act, omission or conduct had or has legal authority to give consent to a person to reside on the land in question;
means prescribed by regulation;
means a regulation made under this Act;
means to live at a place permanently, and ‘residence’ has a corresponding meaning.;
[Definition inserted by section 1(h) 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]
means alternative accommodation which is safe and overall not less favourable than the occupiers’ previous situation, having regard to the residential accommodation and land for agricultural use available to them prior to eviction, and suitable having regard to—
| (a) | the reasonable needs and requirements of all of the occupiers in the household in question for residential accommodation, land for agricultural use, and services; |
| (b) | their joint earning abilities; and |
| (c) | the need to reside in proximity to opportunities for employment or other economic activities if they intend to be economically active; |
includes to withdraw consent to a person to occupy or use land;
means the Labour Relations Act, 1995 (Act No. 66 of 1995);
includes the regulations.
| (2) | In respect of unalienated State land, unsurveyed State land, or land registered in the name of the State or an institution or functionary exercising powers on behalf of the State— |
| (a) | "owner or person in charge" includes a person who has been certified by the Director-General, on application made in the prescribed manner, to be the owner or person in charge, subject to the conditions that the Director-General may determine; and |
| (b) | a certificate purporting to have been issued by the Director-General in terms of paragraph (a) shall constitute prima facie evidence of the authority of the person named in it to act as owner or person in charge of the land concerned, and shall be admissible in evidence on its production in a court. |