Administration of Estates Act, 1965
R 385
Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996)Chapter II : Right to Occupy and Use LandEviction of labour tenants and other persons12. Reinstatement |
| (1) | A person who— |
| (a) | in terms of section 3 would have had a right to occupy and use land if the provisions of this Act had been in force on 2 June 1995; and |
| (b) | between 2 June 1995 and the commencement of this Act vacated a farm or was for any reason or by any process evicted, may institute proceedings in the Court for an order of reinstatement of such rights. |
| (2) | The Court may, subject to such conditions as the Court may impose, make an order— |
| (a) | that a person referred to in subsection (1) be regarded as a labour tenant or his or her associate for the purposes of this Act; |
| (b) | for the reinstatement of a labour tenant or his or her associate on such terms as it deems just; |
| (c) | for the payment of compensation, having regard to the provisions of section 10; and |
| (d) | for costs. |
| (3) | Where the person referred to in subsection (1) was evicted in terms of an order of a court— |
| (a) | the proceedings shall be instituted within one year of the commencement of this Act; |
| (b) | the Court shall in addition to any other factors which it deems just and equitable, take into account— |
| (i) | whether the order of eviction would have been granted if the proceedings had been instituted after the commencement of this Act; and |
| (ii) | whether the person ordered to be evicted was effectively represented in those proceedings, either by himself or herself or by another person. |
