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

Chapter V : Dispute Resolution and Courts

20. Land Claims Court

 

(1) The Land Claims Court shall have jurisdiction in terms of this Act throughout the Republic and shall have all the ancillary powers necessary or reasonably incidental to the performance of its functions in terms of this Act, including the power—
(a) to decide any constitutional matter in relation to this Act;
(b) to grant interlocutory orders, declaratory orders and interdicts;
(c) to review an act, omission or decision of any functionary acting or purporting to act in terms of this Act; and
(d) to review an arbitration award in terms of the Arbitration Act, 1965 (Act No. 42 of 1965), in so far as it deals with any matter that may be heard by a court in terms of this Act.

 

(2) Subject to sections 17(2) and 19(1), the Land Claims Court shall have the powers set out in subsection (1) to the exclusion of any court contemplated in section 166(c), (d) or (e) of the Constitution.

[Section 20(2) substituted by section 12 of Act No. 11 of 2000]

 

(3) If in any proceedings in a High Court at the date of the commencement of this Act that Court is required to interpret this Act, that Court shall stop the proceedings if no oral evidence has been led and refer the matter to the Land Claims Court.

[Section 20(3) substituted by section 29 of Act No. 61 of 1998]

 

(4) The President of the Land Claims Court may make rules—
(a) to govern the procedure in the Land Claims Court in terms of this Act; and
(b) to govern the procedure for the automatic review of orders for eviction in terms of section 19(3).

[Section 20(4) substituted by section 29 of Act No. 61 of 1998]