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 from 5 April 2024.]
- [Amended by Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 (Act 19 of 1998) on 5 June 1998]
- [Amended by Land Affairs General Amendment Act, 1998 (Act 61 of 1998) on 28 September 1998]
- [Amended by Land Affairs General Amendment Act, 2000 (Act 11 of 2000) on 1 January 2000]
- [Amended by Land Affairs General Amendment Act, 2000 (Act 11 of 2000) on 24 March 2000]
- [Amended by Land Affairs General Amendment Act, 2001 (Act 51 of 2001) on 5 December 2001]
- [Amended by Rural Development and Land Reform General Amendment Act, 2011 (Act 4 of 2011) on 16 May 2011]
- [Amended by Extension of Security of Tenure Amendment Act, 2018 (Act 2 of 2018) on 1 April 2024]
- [Amended by Land Court Act, 2023 (Act 6 of 2023) on 5 April 2024]
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. Tenure grants
[heading substituted by section 2(a) of Act 2 of 2018]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
Chapter IVA
Land Rights Management Board
[Chapter IVA inserted by section 8 of Act 2 of 2018]15A. Establishment of Board
The Land Rights Management Board is hereby established.[section 15A inserted by section 8 of Act 2 of 2018]15B. Composition of Board
15C. Functions of Board
15D. Remuneration of members of Board
15E . Disqualification from membership
A person may not be appointed as a member of the Board if he or she—15F. Vacation and removal from office
15G. Support to and reports by Board
15H. Land Rights Management Committees
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 Court
[heading substituted by section 36 of Act 6 of 2023]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
05 April 2024 this version
Amended by
Land Court Act, 2023
01 April 2024
16 May 2011
05 December 2001
24 March 2000
01 January 2000
28 September 1998
05 June 1998
28 November 1997
19 November 1997
Assented to
Cited documents 11
Act 11
1. | Local Government: Municipal Systems Act, 2000 | 4528 citations |
2. | Criminal Procedure Act, 1977 | 3798 citations |
3. | Public Finance Management Act, 1999 | 2236 citations |
4. | Promotion of Administrative Justice Act, 2000 | 2077 citations |
5. | Labour Relations Act, 1995 | 1981 citations |
6. | Restitution of Land Rights Act, 1994 | 1596 citations |
7. | Constitution of the Republic of South Africa, 1996 | 601 citations |
8. | Expropriation Act, 1975 | 496 citations |
9. | Special Investigating Units and Special Tribunals Act, 1996 | 308 citations |
10. | Rules Board for Courts of Law Act, 1985 | 198 citations |
Documents citing this one 165
Judgment 111
Gazette 48
Government Notice 3
1. | Disaster Management Act: Regulations relating to COVID-19 | |
2. | Legal Aid of South Africa Regulations, 2017 | |
3. | Regulations under Extension of Security of Tenure Act, 1998 |
Act 2
1. | Restitution of Land Rights Act, 1994 | 1596 citations |
2. | Gauteng Transport Infrastructure Act, 2001 | 1 citation |
Law Reform Report 1
1. | Investigation into Legal Fees - Including Access to Justice and Other Interventions - Project 142 |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
Extension of Security of Tenure Amendment Act, 2018 | Act 2 of 2018 | 20 November 2018 |
Regulations under Extension of Security of Tenure Act: Amendment | General Notice 84 of 2018 | 23 February 2018 |
Regulations under Extension of Security of Tenure Act, 1998 | Government Notice R1632 of 1998 | 23 February 2018 |
Regulations under Extension of Security of Tenure Act: Amendment | General Notice 72 of 2018 | 16 February 2018 |