(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 |
(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]