South Africa
Extension of Security of Tenure Act, 1997
Act 62 of 1997
- Published in Government Gazette 18467 on 28 November 1997
- Assented to on 19 November 1997
- Commenced on 28 November 1997
- [This is the version of this document as it was from 5 June 1998 to 27 September 1998.]
- [Amended by Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 (Act 19 of 1998) on 5 June 1998]
Chapter 1
Introductory provisions
1. Definitions
2. Application and implementation of Act
3. Consent to reside on land
Chapter II
Measures to facilitate long-term security of tenure for occupiers
4. Subsidies
Chapter III
Rights and duties of occupiers and owners
5. Fundamental rights
Subject to limitations which are reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, an occupier, an owner and a person in charge shall have the right to—6. Rights and duties of occupier
7. Rights and duties of owner
Chapter IV
Termination of right of residence and eviction
8. Termination of right of residence
9. Limitation on eviction
10. Order for eviction of person who was occupier on 4 February 1997
11. Order for eviction of person who becomes occupier after 4 February 1997
12. Further provisions regarding eviction
13. Effect of order for eviction
14. Restoration of residence and use of land and payment of damages
15. Urgent proceedings for eviction
Notwithstanding any other provision of this Act, the owner or person in charge may make urgent application for the removal of any occupier from land pending the outcome of proceedings for a final order, and the court may grant an order for the removal of that occupier if it is satisfied that—Chapter V
Dispute resolution and courts
16. Pending proceedings
The provisions of sections 5, 6, 7, 8, 9, 10, 11, 12, 13 and 15 shall apply to proceedings for eviction pending in any court at the commencement of this Act.17. Choice of court
18. Powers of court
A court may, in addition to other powers set out in this Act—19. Magistrates’ courts
20. Land Claims Court
21. Mediation
22. Arbitration
23. Offences
Chapter VI
Miscellaneous provisions
24. Subsequent owners
25. Legal status of agreements
26. Expropriation Act
27. Trespass Act, 1959
Nothing in this Act shall affect the rights of an owner or person in charge in terms of the Trespass Act, 1959 (Act No. 6 of 1959).28. Regulations and guidelines
29. Amendment of laws
30. Short title
This Act shall be called the Extension of Security of Tenure Act, 1997.History of this document
01 April 2024 amendment not yet applied
16 May 2011 amendment not yet applied
05 December 2001 amendment not yet applied
Amended by
Land Affairs General Amendment Act, 2001
24 March 2000 amendment not yet applied
Amended by
Land Affairs General Amendment Act, 2000
01 January 2000 amendment not yet applied
Amended by
Land Affairs General Amendment Act, 2000
28 September 1998 amendment not yet applied
Amended by
Land Affairs General Amendment Act, 1998
05 June 1998 this version
28 November 1997
19 November 1997
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Extension of Security of Tenure Amendment Act, 2018 | Act 02 of 2018 |
Regulations under Extension of Security of Tenure Act, 1998 | Government Notice R1632 of 1998 |
Regulations under Extension of Security of Tenure Act: Amendment | General Notice 72 of 2018 |
Regulations under Extension of Security of Tenure Act: Amendment | General Notice 84 of 2018 |
Cited documents 6
Legislation 6
1. | Criminal Procedure Act, 1977 | 3577 citations |
2. | Constitution of the Republic of South Africa, 1996 | 3477 citations |
3. | Labour Relations Act, 1995 | 1988 citations |
4. | Restitution of Land Rights Act, 1994 | 1582 citations |
5. | Expropriation Act, 1975 | 468 citations |
6. | Rules Board for Courts of Law Act, 1985 | 188 citations |
Documents citing this one 161
Judgment 107
Gazette 48
Legislation 5
Law Reform Report 1
1. | Investigation into Legal Fees - Including Access to Justice and Other Interventions - Project 142 |