Land and Housing > Land > Extension of Security of Tenure Act (ESTA) (NO 62 OF 1997) > What the Court Can Decide About Evictions in Terms of the Extension of Security of Tenure Act
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What the Court Can Decide About Evictions in Terms of the Extension of Security of Tenure Act

The court may or may not grant an eviction order, based on the following conditions:

  • If the occupier has been on the land on or before 4 February 1997, and has done nothing wrong, the court will not grant an eviction order unless there is alternative accommodation available where the occupiers can enjoy the same quality of life.
  • If the occupier has been on the land on or before 4 February 1997, and has done something seriously wrong, the court may grant an eviction order even if there is nowhere else to stay.
  • Even if an occupier arrived after 4 February 1997, the owner must still end the right to stay lawfully and fairly, give written notice of two months, and get an eviction order before the occupier can be evicted.

An eviction order given by a magistrate’s court must go to the Land Claims Court for automatic review of the magistrate’s decision. In other words, the eviction orderissued by the Magistrate’s court must be confirmed by the Land Claims Court before it can be enforced.

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