The Department of Housiig hereby publishes the draft Prevention of Illegal Eviction information, discussion and comment.
"court" means any division of the HighCourt or the magistrate'scourt in whose area or jurisdiction the land in question is situated, and includes a Special Tribunal established under section 2 of the Special Investigatinq Units and Special Tribunals Act, 1996 (Act No. 74 of 1996)anda LandClaimsCourtestablishedundersection 22 of the Restitution of Land Act,1994 (Act No. 22 of 19941.
"unlawful occupier" means a person who occupies land without the express or tacit consent of the owner or person in charge, or without any other right in law to occupy such land, excluding a person who is an occupier in terms of the Extension of Security of Tenure Act, 1997, and excluding a person whose informal right to land, but for the provisions of this Act, would be protectedby the provisions of the Interim Protectionof Informal Land Rights Act,1996 (Act 31 of 1996),and excludinq anv person who havinq initially occuDied with such consent thereafter continues to OCCUDY once such consent has been withdrawn.
Amendment of section 2 of Act 19 of 1998.
to any land acquired by way of a sale in execution or iudicial sale of property.
Amendment of section 3 of Act 19 of 1998.
[3. Prohibition of receipt or solicitationofconsideration in respect of unlawfuloccupationof land.
[(2)] &Any person who contravenes[a] any of the provision2 of subsections (1) and (2)is guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding two years, or to both such tine and such imprisonment.
than the landlord or his or her agent such money shall be paid to the landlord or his or her authorised et.
Amendment of Section 4 of Act 19 of 1998.
[Subject to the provisions of subsection (2),] [t] Lhe procedure for the serving of notices and filing of papers in terms of this Act is as prescribed by the rulesof the court in question.
Notwithstandinganyprovision of any other law, a magistrate'scourt aswellas a SDecial Tribunal established under section 2 of the Special lnvestiaatinq Units and Special Tribunals Act, 1996 (Act No. 74 of 1996) and a Land Claims Court established under section 22 of the Restitution of Land Riahts Act, 1994 (Act No. 22 of 1994) [has] have jurisdiction to issue any order or instruction or to impose any penalty authorised bythe provisions of this Act.