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

Chapter II : Right to Occupy and Use Land

Right to occupy and use land

3. Right to occupy and use land

 

 

(1) Notwithstanding the provisions of any other law, but subject to the provisions of subsection (2), a person who was a labour tenant on 2 June 1995 shall have the right with his or her family members to occupy and use that part of the farm in question—
(a) which he or she or his or her associate was using and occupying on that date; and
(b) the occupation and use of which is restored to him or her in terms of this Act or any other law.

 

(2) The right of a labour tenant to occupy and to use a part of a farm as contemplated in subsection (1) together with his or her family members may only be terminated in accordance with the provisions of this Act, and shall terminate—
(a) subject to the provisions of subsections (3) to (7), by the waiver of his or her rights;
(b) subject to the provisions of subsections (4) and (5), on his or her death;
(c) subject to the provisions of section 10, on his or her eviction; and
(d) on acquisition by the labour tenant of ownership or other rights to land or compensation in terms of Chapter III.

 

(3) A labour tenant shall be deemed to have waived his or her rights if he or she with the intention to terminate the labour tenant agreement—
(a) leaves the farm voluntarily; or
(b) appoints a person as his or her successor.

 

(4) If a labour tenant dies, becomes mentally ill or is unable to manage his or her affairs due to another disability or leaves the farm voluntarily without appointing a successor, his or her family may appoint a person as his or her successor and shall, within 90 days after being called upon in writing to do so by the owner, inform the owner of the person so appointed.

 

(5) A person who is not a family member of a labour tenant, may only be appointed as the successor to such labour tenant if he or she is acceptable to the owner, who may not unreasonably refuse such appointment.

 

(6) A labour tenant may, subject to subsection (7), waive his or her rights or a part of his or her rights if such waiver is contained in a written agreement signed by both the owner and the labour tenant.

 

(7) The terms of an agreement where under a labour tenant waives his or her rights or part of his or her rights in terms of subsection (6) 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 of an arbitrator appointed in terms of section 19.