Protection of Businesses Act, 1978
R 385
Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 (Act No. 19 of 1998)6. Eviction at instance of organ of state |
| (1) | An organ of state may institute proceedings for the eviction of an unlawful occupier from land which falls within its area of jurisdiction, except where the unlawful occupier is a mortgagor and the land in question is sold in a sale of execution pursuant to a mortgage, and the court may grant such an order if it is just and equitable to do so, after considering all the relevant circumstances, and if— |
| (a) | the consent of that organ of state is required for the erection of a building or structure on that land or for the occupation of the land, and the unlawful occupier is occupying a building or structure on that land without such consent having been obtained; or |
| (b) | it is in the public interest to grant such an order. |
| (2) | For the purposes of this section, ‘‘public interest’’ includes the interest of the health and safety of those occupying the land and the public in general. |
| (3) | In deciding whether it is just and equitable to grant an order for eviction, the court must have regard to— |
| (a) | the circumstances under which the unlawful occupier occupied the land and erected the building or structure; |
| (b) | the period the unlawful occupier and his or her family have resided on the land in question; and |
| (c) | the availability to the unlawful occupier of suitable alternative accommodation or land. |
| (4) | An organ of state contemplated in subsection (1) may, before instituting such proceedings, give not less than 14 days’ written notice to the owner or person in charge of the land to institute proceedings for the eviction of the unlawful occupier. |
| (5) | If an organ of state gives the owner or person in charge of land notice in terms of subsection (4) to institute proceedings for eviction, and the owner or person in charge fails to do so within the period stipulated in the notice, the court may, at the request of the organ of state, order the owner or person in charge of the land to pay the costs of the proceedings contemplated in subsection (1). |
| (6) | The procedures set out in section 4 apply, with the necessary changes, to any proceedings in terms of subsection (1). |
