Administration of Estates Act, 1965
R 385
Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996)Chapter III : Acquisition of ownership or other rights in land by labour tenant16. Right to acquire land |
| (1) | Subject to the provisions of this Act, a labour tenant or his or her successor may apply for an award of — |
| (a) | the land which he or she is entitled to occupy or use in terms of section 3; |
| (b) | the land which he or she or his or her family occupied or used during a period of five years immediately prior to the commencement of this Act, and of which he or she or his or her family was deprived contrary to the terms of an agreement between the parties; |
| (c) | rights in land elsewhere on the farm or in the vicinity which may have been proposed by the owner of the farm; and |
| (d) | such servitudes of right of access to water, rights of way or other servitudes as are reasonably necessary or are reasonably consistent with the rights which he or she enjoys or has previously enjoyed as a labour tenant, or such other compensatory land or rights in land and servitudes as he or she may accept in terms of section 18(5): Provided that the right to apply to be awarded such land, rights in land and servitudes shall lapse if no application is lodged with the Director-General in terms of section 17 within four years of the commencement of this Act. |
| (2) | The terms of an agreement where under a labour tenant waives the rights conferred on him or her by this section shall not come into operation unless— |
| (a) | the Director-General has certified that he or she is satisfied that the labour tenant had full knowledge of the nature and extent of his or her rights as well as the consequences of the waiver of such rights; or |
| (b) | such terms are incorporated in an order of the Court or an arbitrator appointed in terms of section 19. |
