| (1) |
An arbitrator or the Court may, in addition to the power to make other orders in terms of this Act— |
| (a) |
order that the land and servitudes contemplated in section 16 shall be subject to indigenous law and custom; |
| (b) |
order that land, used commonly or jointly by the applicant, the owner and any other person, be registered in undivided shares in the name of the owner, the labour tenant and other persons specified by the arbitrator or the Court; |
| (c) |
determine conditions which must be fulfilled before land may be registered in the name of a labour tenant; |
| (d) |
if a labour tenant is required to make any payment before the land is registered in his or her name, determine the time for and method of such payment; |
| (e) |
direct how the orders of the arbitrator or the Court shall be carried out, including the setting of time limits for the implementation of such orders; |
| (f) |
make such orders for costs as it deems just. |
| (2) |
The Court shall have jurisdiction and the necessary or reasonably incidental powers to determine any justiciable dispute which arises from the provisions of this Act. |
| (3) |
The President of the Court or a judge of the Court nominated by him or her may determine that proceedings for the eviction of any person which have been instituted in or transferred to the Court shall take place before an arbitrator appointed by him or her. |
[Subsection (3) substituted by section 42 of Act No. 63 of 1997]
| (4) |
If the President of the Court or a judge of the Court makes a determination in terms of subsection (3) the arbitrator so appointed shall have all of the powers of the Court in relation to those proceedings. |
| (5) |
Any decision, order or determination made by an arbitrator in terms of this Act shall be subject to appeal to the Court in the manner provided in the rules. |
Housing Development Agency Act, 2008
