| (1) |
An order for the eviction of a person who was an occupier on 4 February 1997 may be granted if— |
| (a) |
the occupier has breached section 6(3) and the court is satisfied that the breach is material and that the occupier has not remedied such breach; |
| (b) |
the owner or person in charge has complied with the terms of any agreement pertaining to the occupier's right to reside on the land and has fulfilled his or her duties in terms of the law, while the occupier has breached a material and fair term of the agreement, although reasonably able to comply with such term, and has not remedied the breach despite being given one calendar month's notice in writing to do so; |
| (c) |
the occupier has committed such a fundamental breach of the relationship between him or her and the owner or person in charge, that it is not practically possible to remedy it, either at all or in a manner which could reasonably restore the relationship; or |
| (i) |
is or was an employee whose right of residence arises solely from that employment; and |
| (ii) |
has voluntarily resigned in circumstances that do not amount to a constructive dismissal in terms of the Labour Relations Act. |
| (2) |
Subject to the provisions of subsection (3), if none of the circumstances referred to in subsection (1) applies, a court may grant an order for eviction if it is satisfied that suitable alternative accommodation is available to the occupier concerned. |
| (a) |
suitable alternative accommodation is not available to the occupier within a period of nine months after the date of termination of his or her right of residence in terms of section 8; |
| (b) |
the owner or person in charge provided the dwelling occupied by the occupier; and |
| (c) |
the efficient carrying on of any operation of the owner or person in charge will be seriously prejudiced unless the dwelling is available for occupation by another person employed or to be employed by the owner or person in charge, |
a court may grant an order for eviction of the occupier and of any other occupier who lives in the same dwelling as him or her, and whose permission to reside there was wholly dependent on his or her right of residence if it is just and equitable to do so, having regard to—
| (i) |
the efforts which the owner or person in charge and the occupier have respectively made in order to secure suitable alternative accommodation for the occupier; and |
| (ii) |
the interests of the respective parties, including the comparative hardship to which the owner or person in charge, the occupier and the remaining occupiers shall be exposed if an order for eviction is or is not granted. |
Environment Conservation Act, 1989
