| (1) |
Notwithstanding the provisions of any other law, an occupier may be evicted only in terms of an order of court issued under this Act. |
| (2) |
A court may make an order for the eviction of an occupier if— |
| (a) |
the occupier's right of residence has been terminated in terms of section 8; |
| (b) |
the occupier has not vacated the land within the period of notice given by the owner or person in charge; |
| (c) |
the conditions for an order for eviction in terms of section 10 or 11 have been complied with; and |
| (d) |
the owner or person in charge has, after the termination of the right of residence, given— |
| (ii) |
the municipality in whose area of jurisdiction the land in question is situated; and |
| (iii) |
the head of the relevant provincial office of the Department of Rural Development and Land Reform, for information purposes, |
[Section 9(2)(d)(iii) substituted by section 36(a) of Act No. 4 of 2011]
not less than two calendar months' written notice of the intention to obtain an order for eviction, which notice shall contain the prescribed particulars and set out the grounds on which the eviction is based: Provided that if a notice of application to a court has, after the termination of the right of residence, been given to the occupier, the municipality and the head of the relevant provincial office of the Department of Rural Development and Land Reform not less than two months before the date of the commencement of the hearing of the application, this paragraph shall be deemed to have been complied with.
[Proviso to section 9(2) substituted by section 36(b) of Act No. 4 of 2011]
| (3) |
For the purposes of subsection (2)(c), the Court must request a probation officer contemplated in section 1 of the Probation Services Act, 1991 (Act No. 116 of 1991 ), or an officer of the department or any other officer in the employment of the State, as may be determined by the Minister, to submit a report within a reasonable period— |
| (b) |
indicating how an eviction will affect the constitutional rights of any affected person, including the rights of the children, if any, to education; |
| (c) |
pointing out any undue hardships which an eviction would cause the occupier; and |
| (d) |
on any other matter as may be prescribed |
[Section 9(3) inserted by section 10 of Act No. 11 of 2000]
Contingency Fees Act, 1997
