Question

The Extension of Security of Tenure Act 62 of 1997 provides occupiers with better protection under sec 10 than sec 11 of the Act.

Answer 1

Sec 10 of the Extension of Security of Tenure Act 62 of 1997 provides occupiers with better protection compared to sec 11 of the Act. This section states that occupiers cannot be evicted from their homes unless the landowner has obtained a court order authorizing the eviction. The court must consider certain factors, such as the hardship that the eviction would cause to the occupiers, before granting an eviction order.

On the other hand, sec 11 of the Act allows a landowner to terminate the occupation rights of an occupier without a court order under certain circumstances, such as non-payment of rent or breach of the occupation agreement. However, even in these cases, the landowner must follow the proper procedures set out in the Act before evicting the occupier.

Overall, sec 10 provides occupiers with stronger protections against arbitrary eviction compared to sec 11. It ensures that occupiers cannot be evicted from their homes without a valid reason and a court order, thereby protecting their security of tenure.