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

Chapter II : Right to Occupy and Use Land

Eviction of labour tenants and other persons

9. Limitations on eviction

 

 

(1) A labour tenant who—
(a) has attained the age of 60 years, or as a result of disability is unable personally to provide labour to the owner or lessee; and

[Subparagraph (1)(a) substituted by section 2 of Act No. 51 of 2001]

(b) has not nominated a person to provide labour in his or her stead in terms of section 4, shall not be evicted on the grounds referred to in section 7(2)(a).

 

(2) On the death of a labour tenant who has retained the right to occupy the farm in terms of the provisions of subsection (1), all his or her associates may be given 12 calendar months' notice to leave the farm.

 

(3) If the rights of any owner are unfairly prejudiced by the operation of this section, he or she may apply to the Court for equitable relief and the Court may make such order as it deems just and equitable under the circumstances.