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

Preamble

 

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:—