Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 (Act No. 19 of 1998)

1. Definitions

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In this Act, unless the context indicates otherwise—

 

"building or structure"

includes any hut, shack, tent or similar structure or any other form of temporary or permanent dwelling or shelter;

 

"consent"

means the express or tacit consent, whether in writing or otherwise, of the owner or person in charge to the occupation by the occupier of the land in question;

 

"court"

means any division of the High Court or the magistrate’s court in whose area of jurisdiction the land in question is situated;

 

"evict"

means to deprive a person of occupation of a building or structure, or the land on which such building or structure is erected, against his or her will, and "eviction" has a corresponding meaning;

 

"land"

includes a portion of land;

 

"Minister"

means the Minister designated by the State President;

 

"municipality"

means a municipality in terms of section 10B of the Local Government Transition Act, 1993 (Act No. 209 of 1993);

 

"organ of state"

means an organ of state as defined in section 239 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);

 

"owner"

means the registered owner of land, including an organ of state;

 

"person in charge"

means a person who has or at the relevant time had legal authority to give permission to a person to enter or reside upon the land in question;

 

"unlawful occupier"

means a person who occupies land without the express or tacit consent of the owner or person in charge, or without any other right in law to occupy such land, excluding a person who is an occupier in terms of the Extension of Security of Tenure Act, 1997, and excluding a person whose informal right to land, but for the provisions of this Act, would be protected by the provisions of the Interim Protection of Informal Land Rights Act, 1996 (Act No. 31 of 1996).