| (1) |
A person who has been evicted contrary to the provisions of this Act may institute proceedings in a court for an order in terms of subsection (3). |
| (a) |
would have had a right to reside on land in terms of section 6 if the provisions of this Act had been in force on 4 February 1997; and |
| (b) |
was evicted for any reason or by any process between 4 February 1997 and the commencement of this Act, |
may institute proceedings in a court for an order in terms of subsection (3).
| (3) |
In proceedings in terms of subsection (1) or (2) the court may, subject to the conditions that it may impose, make an order— |
| (a) |
for the restoration of residence on and use of land by the person concerned, on such terms as it deems just; |
| (b) |
for the repair, reconstruction or replacement of any building, structure, installation or thing that was peacefully occupied or used by the person immediately prior to his or her eviction, in so far as it was damaged, demolished or destroyed during or after such eviction; |
| (c) |
for the restoration of any services to which the person had a right in terms of section 6; |
| (d) |
for the payment of compensation contemplated in section 13; |
| (e) |
for the payment of damages, including but not limited to damages for suffering or inconvenience caused by the eviction; and |
| (4) |
Where the person contemplated in subsection (2) was evicted in terms of an order of a court— |
| (a) |
the proceedings contemplated in subsection (1) shall be instituted within one year of the commencement of this Act; and |
| (b) |
the court shall in addition to any other factor which it deems just and equitable, take into account— |
| (i) |
whether the order of eviction would have been granted if the proceedings had been instituted after the commencement of this Act; and |
| (ii) |
whether the person ordered to be evicted was effectively represented in those proceedings, either by himself or herself or by another person. |
Protection of Businesses Act, 1978
