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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

15. Urgent proceedings for eviction

 

 

Notwithstanding the other provisions of this Chapter, an owner or lessee may make urgent application for the removal of any person from the farm pending the outcome of proceedings for a final order, and the Court may grant an order for the removal of that person if it is satisfied that—

(a) there is a real and imminent danger of substantial damage to the owner or lessee or his or her property if the person concerned is not removed from the farm;
(b) there is no other effective remedy available to the owner or lessee; and
(c) the likely harm to the owner or lessee if an order for removal is not granted, exceeds the likely harm to the person against whom the order is sought, if an order for removal is granted.
(d) adequate arrangements have been made for the reinstatement of any person so removed, if the final order is not granted.

[Paragraph (d) inserted by section 3 of Act No. 51 of 2001]