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Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997)

Chapter V : Dispute Resolution and Courts

19. Magistrates' courts

 

(1) A magistrate's court
(a) shall have jurisdiction in respect of—
(i) proceedings for eviction or reinstatement; and
(ii) criminal proceedings in terms of this Act; and
(b) shall be competent—
(i) to grant interdicts in terms of this Act; and
(ii) to issue declaratory orders as to the rights of a party in terms of this Act.

 

(2) Civil appeals from magistrates' courts in terms of this Act shall lie to the Land Claims Court.

 

(3) Any order for eviction by a magistrate's court in terms of this Act, in respect of proceedings instituted on or before a date to be determined by the Minister and published in the Gazette, shall be subject to automatic review by the Land Claims Court, which may—

[Words preceding section 19(3)(a) substituted by section 11 of Act No. 11 of 2000]

(a) confirm such order in whole or in part;
(b) set aside such order in whole or in part;
(c) substitute such order in whole or in part; or
(d) remit the case to the magistrate's court with directions to deal with any matter in such manner as the Land Claims Court may think fit:

[Proviso to section 19(3) deleted by section 28 of Act No.  61 of 1998]

 

(4) The provisions of subsection (3) shall not apply to a case in which an appeal has been noted by an occupier.

 

(5) Any order for eviction contemplated in subsection (3) shall be suspended pending the review thereof by the Land Claims Court.

[Section 19(5) inserted by section 11(b) of Act No. 11 of 2000]