Intellectual Property Rights from Publicly Financed Research and
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Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997)Chapter V : Dispute Resolution and Courts17. Choice of court |
| (1) | A party may, subject to the provisions of sections 19 and 20, institute proceedings in the magistrate's court within whose area of jurisdiction the land in question is situate, or the Land Claims Court. |
| (2) | If all the parties to proceedings consent thereto, proceedings may be instituted in any division of the High Court within whose area of jurisdiction the land in question is situate. |
| (2A) | A Special Tribunal established under section 2 of the Special 45 Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996), may, in proceedings arising out of that Act— |
| (b) | make an order for eviction under this Act and shall have all powers necessary or reasonably incidental thereto; |
| (c) | where it finds that a person has unlawfully obtained consent to reside on land under any of the circumstances mentioned in section 2(2)(a) to (g) of the Special Investigating Units and Special Tribunals Act, 1996, exclude such person from the application of the provisions of this Act. |
[Section 17(2A) inserted by section 27 of Act No. 61 of 1998]
| (2B) | A Special Investigating Unit established under section 2 of the Special Investigating Units and Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996), may investigate any matter relevant to the exercise by a Special Tribunal of the powers mentioned in subsection (2A). |
[Section 17(2B) inserted by section 27 of Act No. 61 of 1998]
| (3) | The Rules Board for Courts of Law established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), may make rules to govern the procedure in the High Court and the magistrates' courts in terms of this Act. |
| (4) | Until such time as rules of court for the magistrates' courts are made in terms of subsection (j), the rules of procedure applicable in civil actions and applications in a High Court shall apply mutatis mutandis in respect of any proceedings in a magistrate's court in terms of this Act |
