| (1) |
An arbitrator and the Court may dismiss an application referred to in section 16: Provided that the arbitrator and the Court shall not dismiss an application if it is found by the arbitrator or the Court, or if it is not in dispute, that the applicant is a labour tenant. |
| (2) |
The Court may order that land or a right in land, held by an owner of affected land, be awarded to the applicant. |
[Subsection (2) substituted by section 38(a) of Act No. 63 of 1997]
| (3) |
The Court may, instead of or in addition to making an order for the transfer of land or a right in land held by the owner of affected land, order that land or a right in land held by another person (including the State) who is willing to have such land or right in land transferred to the applicant, be awarded to such applicant. |
[Subsection (3) substituted by section 38(a) and (b) of Act No. 63 of 1997]
| (4) |
The Court may make an order or award, and an arbitrator may make a determination, on the following matters— |
| (a) |
Whether the applicant is a labour tenant, if that is in dispute; |
| (b) |
the nature, location and extent of any land or right in land which is to be awarded to an applicant, which may include undivided shares in grazing land; |
| (c) |
such servitudes of access to water or rights of way or other servitudes as are reasonably necessary or are reasonably consistent with the rights which the applicant or the owner of the affected land enjoys or has previously enjoyed; |
| (d) |
the compensation to be paid by the applicant to the owner of affected land or to a person other than the owner whose rights are affected by the determination, order or award; |
| (e) |
the manner and period of payment of compensation; |
| (f) |
compensation which shall be paid to the applicant in lieu of the award of land or a right in land; and |
[Subsection (4)(f) substituted by section 38(b) of Act No. 63 of 1997]
| (g) |
other matters which, in the opinion of the arbitrator or the Court, need to be regulated by an order or award of the Court, or by a determination of an arbitrator. |
| (5) |
In determining the nature of the order which is to be made the Court shall have regard to— |
| (a) |
the desirability of assisting labour tenants to establish themselves on farms on a viable and sustainable basis;
|
| (b) |
the achievement of the goals of this Act; |
| (c) |
the requirements of equity and justice; |
| (d) |
the willingness of the owner of affected land and the applicant to make a contribution, which is reasonable and within their respective capacities, to the settlement of the application in question; and |
| (e) |
the report and any determination made by an arbitrator appointed in terms of section 19(1)(a). |
Housing Development Agency Act, 2008
