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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

13. Proceedings in other courts

[Heading substituted by section 34 of Act No. 63 of 1997]

 

 

(1) The provisions of sections 7 to 10 shall apply to proceedings pending in any court at the commencement of this Act.

 

(1A) If an issue arises in a case in a magistrate's court or a High Court which requires that court to interpret or apply this Act and—
(a) no oral evidence has been led, such court shall transfer the case to the Court and no further steps may be taken in the case in such court;
(b) any oral evidence has been led, such court shall decide the matter in accordance with the provisions of this Act.

[Subsection (1A) inserted by section 34 of Act No. 63 of 1997]

 

(2) Any decision or order made by a magistrate's court in proceedings referred to in subsection (1) or (1A), shall in its entirety be subject to appeal to the Court if any of the grounds of appeal relates to the application or interpretation of this Act in such decision or order.

[Subsection (2) substituted by section 34 of Act No. 63 of 1997]

 

(3) The Court shall have exclusive jurisdiction to hear any appeal contemplated in subsection (2), notwithstanding the provisions of any other law to the contrary.

[Subsection (3) substituted by section 34 of Act No. 63 of 1997]

 

(4) [Subsection (4) deleted by section 34 of Act No. 63 of 1997]