Administration of Estates Act, 1965
R 385
Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996)Chapter I : Introductory provisions1. Definitions |
In this Act, unless the context indicates otherwise—
"affected land"
means land in respect of which an application has been lodged in terms of section 17(1);
"applicant"
means—
| (a) | a labour tenant, an associate or his or her successor who has lodged an application in terms of section 17(1); and |
[Definition substituted by section 1 of Act No. 51 of 2001]
| (b) | for the purposes of the award of land or a right in land to an applicant by the Court, any other person nominated by the applicant and approved by the Court; |
[Definition substituted by section 31 of Act No. 63 of 1997]
"associate"
means a family member of a labour tenant, and any other person who has been nominated in terms of section 3(4) as the successor of such labour tenant, or who has been nominated in terms of section 4(1) to provide labour in his or her stead;
"Court"
means the Land Claims Court established by section 22 of the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994);
"Director-General"
means the Director-General of the Department of Rural Development and Land Reform or an officer—
| (a) | of that Department who; or |
| (b) | in the service of a provincial government, who with the consent of the Premier of that province, has been designated by the said Director-General either generally or in respect of a particular case, or in cases of a particular nature; |
[Definition substituted by section 27(a) of Act No. 4 of 2011]
"eviction"
includes the deprivation of a right of occupation or use of land;
"family member"
means a labour tenant's grandparent, parent, spouse (including a partner in a customary union, whether or not the union is registered), or dependant;
"farm"
means a portion or portions of agricultural land as defined in the Subdivision of Agricultural Land Act, 1970 (Act No. 70 of 1970);
"farmworker"
means a person who is employed on a farm in terms of contract of employment which provides that—
| (a) | in return for the labour which he or she provides to the owner or lessee of the farm, he or she shall be paid predominantly in cash or in some other form of remuneration, and not predominantly in the right to occupy and use land; and |
| (b) | he or she is obliged to perform his or her services personally; |
"grazing land"
means farm land which is used to meet the feed requirements of livestock, and which the owner has set aside for that purpose or which has been used for that purpose with the permission of the owner;
"labour tenant"
means a person—
| (a) | who is residing or has the right to reside on a farm; |
| (b) | who has or has had the right to use cropping or grazing land on the farm, referred to in paragraph (a), or another farm of the owner, and in consideration of such right provides or has provided labour to the owner or lessee; and |
| (c) | whose parent or grandparent resided or resides on a farm and had the use of cropping or grazing land on such farm or another farm of the owner, and in consideration of such right provided or provides labour to the owner or lessee of such or such other farm, including a person who has been appointed a successor to a labour tenant in accordance with the provisions of section 3(4) and (5), but excluding a farmworker; |
"Minister"
means the Minister of Rural Development and Land Reform;
[Definition substituted by section 27(b) of Act No. 4 of 2011]
"owner"
means the owner, as defined in section 102 of the Deeds Registries Act, 1937 (Act No. 47 of 1937), of a farm, and where it occurs in the definition of "labour tenant", includes his or her successors and predecessors in title;
"prescribed"
means prescribed by regulation;
"Registrar"
means the relevant registrar of deeds as contemplated in section 102 of the Deeds Registries Act, 1937 (Act No. 47 of 1937);
"right in land"
means any real or personal right in land, including a right to share cropping or grazing land;
"the rules"
means rules made by the President of the Court.
