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

Chapter IV : Termination of Right of Residence and Eviction

15. Urgent proceedings for eviction

 

(1) 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—
(a) there is a real and imminent danger of substantial injury or damage to any person or property if the occupier is not forthwith removed from the land;
(b) there is no other effective remedy available;
(c) the likely hardship to the owner or any other affected person if an order for removal is not granted, exceeds the likely hardship to the occupier against whom the order is sought, if an order for removal is granted; and
(d) adequate arrangements have been made for the reinstatement of any person evicted if the final order is not granted.

 

(2) The owner or person in charge shall beforehand give reasonable notice of any application in terms of this section to the municipality in whose area of jurisdiction the land in question is situated, and to the head of the relevant provincial office of the Department of Rural Development and Land Reform for his or her information.

[Section 15(2) substituted by section 37 of Act No. 4 of 2011]