Administration of Estates Act, 1965
R 385
Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996)Chapter II : Right to Occupy and Use LandEviction of labour tenants and other persons7. Order for eviction |
| (1) | The Court shall have the power to make an order for the eviction of a labour tenant or his or her associate. |
| (2) | No order for eviction in terms of section 5 shall be made unless it is just and equitable and— |
| (a) | subject to the provisions of section 9(1), the labour tenant has, contrary to the agreement between the parties, refused or failed to provide labour to the owner or lessee and, despite one calendar month's written notice having been given to him or her, still refuses or fails to provide such labour; or |
| (b) | the labour tenant or his or her associate has committed such a material breach of the relationship between the labour tenant or associate and the owner or lessee, that it is not practically possible to remedy it, either at all or in a manner which could reasonably restore the relationship. |
| (3) | If proceedings are instituted for the eviction of a labour tenant in terms of this section, the person instituting those proceedings may also ask for an order for the eviction of the associates of the labour tenant. |
| (4) | If the Court is asked to make an order in terms of subsection (3), it shall make such order as it deems just and equitable under the circumstances. |
