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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

10. Effect of order for eviction

 

 

(1) If the Court makes an order for eviction in terms of section 7—
(a) the Court shall order the owner to pay compensation to the extent that it is just and equitable; and
(b) the Court may order the owner to give the labour tenant a fair opportunity to—
(i) demolish such structures and improvements as were erected by the labour tenant and his or her associates or predecessors, and to remove materials so salvaged; and
(ii) tend a crop to which he or she is entitled, until it is ripe and thereafter to reap and remove it.

 

(2) The compensation referred to in subsection (1) shall be determined by the Court as being just and equitable, taking into account—
(a) the replacement value of such structures and improvements;
(b) the value of materials which the labour tenant may remove;
(c) the value of materials supplied by the owner or his or her predecessors for the erection of such structures and improvements;
(d) if the labour tenant has not been given the opportunity to remove the crop, the value of the crop; and
(e) the circumstances which gave rise to the eviction, including the conduct of the parties.

 

(3) No order for eviction made in terms of section 7 may be executed before the owner has paid the compensation which is due in terms of subsection (1).