[Section 4 heading substituted by section 2(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
| (1) | The Minister shall, from moneys appropriated by Parliament for that purpose and subject to the conditions the Minister may prescribe in general or determine in a particular case, provide tenure grants— |
[Words preceding section 4(1)(a) substituted by section 2(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]
| (b) | to enable occupiers, former occupiers and other persons who need long-term security of tenure to acquire land or rights in land; |
| (c) | for the development of land occupied or to be occupied in terms of on-site or off-site developments. |
| (d) | to enable occupiers and former occupiers to acquire suitable alternative accommodation; and |
| (e) | to compensate owners or persons in charge for the provision of accommodation and services to occupiers and their families. |
[Section 4(1)(d)(e) inserted by section 2(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]
| (2) | In deciding whether to approve an application for a tenure grant, and if so, the priority to be given to that application, the Minister shall have regard to the extent to which an application complies with the following criteria: |
[Words preceding section 4(2)(a) substituted by section 2(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]
| (a) | The development entails a mutual accommodation of the interests of occupiers and owners; |
| (b) | the development is cost-effective; |
| (c) | [Section 4(2)(c) deleted by section 2(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] |
| (d) | owners and occupiers have made a reasonable attempt to devise a development which complies with the criteria contemplated in paragraphs (a) and (b); |
| (e) | the occupiers are the spouses or dependants of persons contemplated in section 8(4)(a); |
| (f) | there is an urgent need for the development or suitable alternative accommodation because occupiers have been evicted or are about to be evicted; and |
| (g) | the provision of accommodation and services contemplated in subsection (1)(e) entails a mutual accommodation of the interests of occupiers and owners: |
[Section 4(2)(g) inserted by section 2(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]
Provided that where an application is made by or on behalf of occupiers for an off-site development, such an application shall not be prejudiced by reason only of the absence of support from an owner who is not the owner of the land on which the development is to take place.
[Section 4(2)(f) substituted by section 2(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]
| (3) | Where the persons who are intended to benefit from a development have been identified, a tenure grant shall not be provided unless the Minister has been satisfied that the development is acceptable to a majority of the adults concerned. |
[Section 4(3) substituted by section 2(i) 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]
| (4) | The Minister may, for the purposes of this section, provide tenure grants through an agreement with a provincial government or a municipality, or a person or body which he or she has recognised for that purpose, where— |
| (a) | a provincial government or a municipality or such person or body will facilitate, implement or undertake or contract with a third party for the facilitation, implementation or undertaking of a development or for the provision of suitable alternative accomodation; or |
| (b) | the tenure grant is paid to the provincial government or a municipality or such person or body to enable it to facilitate, implement or undertake or contract with a third party for the facilitation, implementation or undertaking of a development or for the provision of suitable alternative accommodation. |
[Section 4(4) substituted by section 2(i) 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]
| (5) | No transfer duty shall be payable in respect of any transaction for the acquisition of land in terms of this section or in respect of any transaction for the acquisition of land which is financed by a tenure grant in terms of this section. |
[Section 4(5) substituted by section 2(i) 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]
| (6) | A potential beneficiary of a development or of suitable alternative accommodation may apply for a housing subsidy as provided for in terms of the Housing Act, 1997 (Act No. 107 of 1997). |
[Section 4(6) substituted by section 2(i) 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]
| (7) | The provisions of any law regulating the subdivision of land shall not apply to land on which a development is undertaken in terms of this Act. |
[Section 4(7) substituted by section 21(d) of Act No. 61 of 1998]
