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Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)

Chapter IIIA : Direct Access to Court

38E. Additional powers of Court

 

The Court may, during proceedings under this Chapter and subject to such terms and conditions as it may determine—

(a) make an order—
(i) prohibiting or setting aside the sale, exchange, donation, lease, subdivision, rezoning or development of land to which an application relates, if it is satisfied that such sale, exchange, donation, lease, subdivision, rezoning or development—
(aa) defeats or will defeat the achievement of the objects of this Act;
(bb) was not or will not be done in good faith;
(ii) prohibiting the eviction of any claimant who was resident on the land in question at the date of commencement of this Act;
(iii) prohibiting the removal, destruction or damaging of improvements upon the land in question;
(iv) prohibiting the entering upon and occupation of the land in question without the permission of the owner or lawful occupier;
(b) direct the Commission or the Director-General to perform any function necessary or expedient for the exercise of its powers in terms of this Chapter;
(c) on good cause shown condone any deviation from or noncompliance with the provisions of this Chapter or the rules;
(d) make recommendations to the Minister regarding the most appropriate form of alternative relief, if any, for those claimants who do not qualify for the restitution of rights in land in terms of the Act; and
(e) make such other order as in the circumstances appears to be just.

 

 


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