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 persons8. Relocation of labour tenant for operational requirements of owner |
| (1) | An owner who requires the land used or occupied by a labour tenant or his or her associate for his or her own agricultural activities or for the purposes of any development which, in the opinion of the Court, is of public benefit, may institute proceedings in the Court for an order for the relocation of the labour tenant or associate. |
| (2) | The Court shall not grant an order for relocation unless it is satisfied that greater hardship will be done to the owner or lessee if a labour tenant and his or her associates are not relocated, than will be done to the labour tenant and associates if they are relocated. |
| (3) | On making an order for relocation the Court shall order the owner to pay to the labour tenant and his or her associates compensation to ensure that they are not unfairly prejudiced by any such relocation. |
| (4) | No order for relocation made in terms of this section may be executed before the owner has paid the compensation which is due in terms of subsection (3). |
| (5) | If the owner has not, within one year after an order for relocation was carried out, used the land in question for the proposed agricultural activities or development submitted to the Court, the labour tenant or his or her associate may institute proceedings in the Court for the reinstatement of his or her right to occupy and use that land. |
| (6) | The Court may, on the hearing of proceedings instituted in terms of subsection (5), make such order as it deems just and equitable. |
