| (1) |
Subject to the provisions of this Act, an occupier shall have the right to reside on and use the land on which he or she resided and which he or she used on or after 4 February 1997, and to have access to such services as had been agreed upon with the owner or person in charge, whether expressly or tacitly. |
| (2) |
Without prejudice to the generality of the provisions of section 5 and subsection (1), and balanced with the rights of the owner or person in charge, an occupier shall have the right— |
| (a) |
to security of tenure; |
| (b) |
to receive bona fide visitors at reasonable times and for reasonable periods: |
Provided that—
| (i) |
the owner or person in charge may impose reasonable conditions that are normally applicable to visitors entering such land in order to safeguard life or property or to prevent the undue disruption of work on the land; and |
| (ii) |
the occupier shall be liable for any act, omission or conduct of any of his or her visitors causing damage to others while such a visitor is on the land if the occupier, by taking reasonable steps, could have prevented such damage; |
| (c) |
to receive postal or other communication; |
| (d) |
to family life in accordance with the culture of that family: Provided that this right shall not apply in respect of single sex accommodation provided in hostels erected before 4 February 1997; |
| (dA) |
to bury a deceased member of his or her family who at the time of that person's death, was residing on the land on which the occupier is residing, in accordance with their religion or cultural belief, if an established practice in respect of the land exists; |
[Section 6(2)(dA) inserted by section 7(a) of Act No. 51 of 2001]
| (e) |
not to be denied or deprived of access to water; and |
| (f) |
not to be denied or deprived of access to educational or health services. |
| (a) |
intentionally and unlawfully harm any other person occupying the land; |
| (b) |
intentionally and unlawfully cause material damage to the property of the owner or person in charge; |
| (c) |
engage in conduct which threatens or intimidates others who lawfully occupy the land or other land in the vicinity; or |
| (d) |
enable or assist unauthorised persons to establish new dwellings on the land in question. |
| (4) |
Any person shall have the right to visit and maintain his or her family graves on land which belongs to another person, subject to any reasonable condition imposed by the owner or person in charge of such land in order to safeguard life or property or to prevent the undue disruption of work on the land. |
| (5) |
The family members of an occupier contemplated in section 8(4) of this Act shall on his or her death have a right to bury that occupier on the land on which he or she was residing at the time of his or her death, in accordance with their religion or cultural belief, subject to any reasonable conditions which are not more onerous than those prescribed and that may be imposed by the owner or person in charge. |
[Section 6(5) inserted by section 7(b) of Act No. 51 of 2001]
Basic Conditions of Employment Act, 1997
