| (1) |
If it was an express, material and fair term of the consent granted to an occupier to reside on the land in question, that the consent would terminate upon a fixed or determinable date, a court may on termination of such consent by effluxion of time grant an order for eviction of any person who became an occupier of the land in question after 4 February 1997, if it is just and equitable to do so. |
[Section 11(1) substituted by section 25(a) of Act No. 61 of 1998]
| (2) |
In circumstances other than those contemplated in subsection (1), a court may grant an order for eviction in respect of any person who became an occupier after 4 February 1997 if it is of the opinion that it is just and equitable to do so. |
| (3) |
In deciding whether it is just and equitable to grant an order for eviction in terms of this section, the court shall have regard to— |
| (a) |
the period that the occupier has resided on the land in question; |
| (b) |
the fairness of the terms of any agreement between the parties; |
| (d) |
the reason for the proposed eviction; and |
[Section 11(3)(d) substituted by section 25(c) of Act No. 61 of 1998]
| (e) |
the balance of the interests of the owner or person in charge, the occupier and the remaining occupiers on the land. |
Protection of Businesses Act, 1978
