"consent"

means express or tacit consent of the owner or person in charge of the land in question, and in relation to a proposed termination of the right of residence or eviction by a holder of mineral rights, includes the express or tacit consent of such holder;

"Constitution"

means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);

"court"

means a competent court having jurisdiction in terms of this Act, including a Special Tribunal established under section 2 of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996);

[Definition substituted by section 20(a) of Act No. 61 of 1998]

"Director-General"

means the Director-General of the Department of Land Affairs or an officer of that Department who has been designated by the said Director-General either generally or in respect of a particular case, or in respect of cases of a particular nature;

[Definition  substituted by section 35 of Act No. 4 of 2011]

"employee"

means an employee in terms of the Labour Relations Act;

"established practice"

means a practice in terms of which the owner or person in charge or his or her predecessor in title routinely gave permission to people residing on the land to bury deceased members of their family on that land in accordance with their religion or cultural belief;

[Definition inserted by section 6(b) of Act No. 51 of 2001]

"evict"

means to deprive a person against his or her will of residence on land or the use of land or access to water which is linked to a right of residence in terms of this Act, and "eviction" has a corresponding meaning;

"Land Claims Court"

means the court established by section 22 of the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994);

"Minister"

means the Minister responsible for Land Affairs or an officer of the Department of Land Affairs who has been designated by the Minister either generally or in respect of a particular case, or in respect of cases of a particular nature: Provided that the powers referred to in section 28 shall be excluded from any such designation;

[Definition substituted by section 35 of Act No. 4 of 2011

"municipality"

means a municipality in terms of section 10B of the Local Government Transition Act, 1993 (Act No. 209 of 1993);

"occupier"

means a person residing on land which belongs to another person, and who has or on 4 February 1997 or thereafter had consent or another right in law to do so, but excluding—

"off-site development"

means a development which provides the occupants thereof with an independent tenure right on land owned by someone other than the owner of the land on which they resided immediately prior to such development;

"on-site development"

means a development which provides the occupants thereof with an independent tenure right on land on which they reside or previously resided;

"owner"

means the owner of the land at the time of the relevant act, omission or conduct, and includes, in relation to the proposed termination of a right of residence by a holder of mineral rights, such holder in so far as such holder is by law entitled to grant or terminate a right of residence or any associated rights in respect of such land, or to evict a person occupying such land;

"person in charge"

means a person who at the time of the relevant act, omission or conduct had or has legal authority to give consent to a person to reside on the land in question;

"prescribed"

means prescribed by regulation;

"regulation"

means a regulation made under this Act;

"suitable alternative accommodation"

means alternative accommodation which is safe and overall not less favourable than the occupiers’ previous situation, having regard to the residential accommodation and land for agricultural use available to them prior to eviction, and suitable having regard to—

"terminate"

includes to withdraw consent to a person to occupy or use land;

"the Labour Relations Act"

means the Labour Relations Act, 1995 (Act No. 66 of 1995);

"this Act"

includes the regulations.