The Extension of Land and Tenure Act 62 of 1997 (the Act) regulates the right of residence of employees who work on a farm or stay in accommodation situated on property used for agricultural purposes and whose right of residence in that accommodation arises solely from an employment agreement.
Section 8(2) of the Act states that the right of residence of an occupier who is an employee and whose right of residence arises solely from an employment agreement may be terminated if the occupier resigns from employment or is dismissed under the provisions of the Labour Relations Act.
Section 8(3) of the Act further states that any dispute over whether an occupier’s employment has ended as contemplated in subsection (2) shall be dealt with in accordance with the provisions of the Labour Relations Act. The termination shall take effect when any dispute over the termination has been determined under that Act.
Notwithstanding the provisions of any other law, an occupier may be evicted only in terms of an order of a court issued under this Act.
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