Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997)

Preamble

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WHEREAS many South Africans do not have secure tenure of their homes and the land which they use and are therefore vulnerable to unfair eviction;

 

WHEREAS unfair evictions lead to great hardship, conflict and social instability;

 

WHEREAS this situation is in part the result of past discriminatory laws and practices;

 

AND WHEREAS it is desirable—

 

that the law should promote the achievement of long-term security of tenure for occupiers of land, where possible through the joint efforts of occupiers, land owners, and government bodies;

 

that the law should extend the rights of occupiers, while giving due recognition to the rights, duties and legitimate interests of owners;

 

that the law should regulate the eviction of vulnerable occupiers from land in a fair manner, while recognising the right of land owners to apply to court for an eviction order in appropriate circumstances;

 

to ensure that occupiers are not further prejudiced;

 

BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:—