Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997)Chapter I : Introductory Provisions3. Consent to reside on land |
| (1) | Consent to an occupier to reside on or use land shall only be terminated in accordance with the provisions of section 8. |
| (2) | If a person who resided on or used land on 4 February 1997 previously did so with consent, and such consent was lawfully withdrawn prior to that date— |
| (a) | that person shall be deemed to be an occupier, provided that he or she has resided continuously on that land since consent was withdrawn; and |
| (b) | the withdrawal of consent shall be deemed to be a valid termination of the right of residence in terms of section 8, provided that it was just and equitable, having regard to the provisions of section 8. |
| (3) | For the purposes of this Act, consent to a person to reside on land shall be effective regardless of whether the occupier, owner or person in charge has to obtain some other official authority required by law for such residence. |
| (4) | For the purposes of civil proceedings in terms of this Act, a person who has continuously and openly resided on land for a period of one year shall be presumed to have consent unless the contrary is proved. |
| (5) | For the purposes of civil proceedings in terms of this Act, a person who has continuously and openly resided on land for a period of three years shall be deemed to have done so with the knowledge of the owner or person in charge. |
| (6) | The provisions of subsections (4) and (5) shall not be applicable to any land held by or registered in the name of the State or an institution or functionary exercising powers on behalf of the State. |