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Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996)

Chapter II : Right to Occupy and Use Land

Eviction of labour tenants and other persons

12. 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.