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The Land Court Act, 2023 (Act No. 6 of 2023)

Chapter 4 : Court Proceedings

Part 5 : Powers of Court, conferences, Court orders, variation, rescission and costs

24. Powers of Court

 

(1) Subject to Chapter 8 of the Constitution, the Court has—
(a) all such powers in relation to matters falling within its jurisdiction as are possessed by a Division of the High Court having jurisdiction in civil proceedings at the place where the land in question is situated, including the powers of the High Court in relation to any contempt of Court;
(b) all the ancillary powers necessary or reasonably incidental to the performance of its functions, including the power to grant interlocutory orders and interdicts; and
(c) the power to decide any issue in terms of any other law, which is not ordinarily within its jurisdiction but is sufficiently connected to a matter within its jurisdiction, if the Court considers it to be in the interests of justice to do so.

 

(2)
(a) The Court, of its own accord or at the request of any party to the proceedings before it, may reserve, for the decision of the Supreme Court of Appeal, any question of law that arises in those proceedings.
(b) A question may be reserved only if it is decisive for the proper adjudication of the dispute.
(c) Pending the decision of the Supreme Court of Appeal on any question of law reserved in terms of paragraph (a), the Court may make any interim order.

 

(3) A judgment of the Court must be handed down as soon as reasonably possible.

 

(4) To the extent necessary, the Court may refer any suspicion or allegation of corruption in any proceedings before the Court to any relevant authority for investigation.