| (1) | If the Court makes an order for eviction in terms of this Act— |
[Words preceding section 13(1)(a) substituted by section 13 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, G49372, dated 27 September 2023]
| (a) | the court shall order the owner or person in charge to pay compensation for structures erected and improvements made by the occupier and any standing crops planted by the occupier, to the extent that it is just and equitable with due regard to all relevant factors, including whether— |
| (i) | the improvements were made or the crops planted with the consent of the owner or person in charge; |
| (ii) | the improvements were necessary or useful to the occupier; and |
| (iii) | a written agreement between the occupier and the owner or person in charge, entered into prior to the making of improvements, provides that the occupier shall not be entitled to compensation for improvements identified in that agreement; |
| (b) | the court shall order the owner or person in charge to pay any outstanding wages and related amounts that are due in terms of the Basic Conditions of Employment Act, 1983 (Act No. 3 of 1983) the Labour Relations Act or a determination made in terms of the Wage Act, 1957 (Act No. 5 of 1957); and |
| (c) | the court may order the owner or person in charge to grant the occupier a fair opportunity to— |
| (i) | demolish any structures and improvements erected or made by the occupier and his or her predecessors, and to remove materials so salvaged; and |
| (ii) | tend standing crops to which he or she is entitled until they are ready for harvesting, and then to harvest and remove them. |
| (2) | The compensation contemplated in subsection (1) shall be determined by the court as being just and equitable, taking into account— |
| (a) | the cost to the occupier of replacing such structures and improvements in the condition in which they were before the eviction; |
| (b) | the value of materials which the occupier may remove; |
| (c) | whether any materials referred to in paragraph (b) or contributions by the owner or person in charge were provided as part of the benefits provided to the occupier or his or her predecessors in return for any consideration; and |
| (d) | if the occupier has not been given the opportunity to remove a crop, the value of the crop less the value of any contribution by the owner or person in charge to the planting and maintenance of the crop. |
| (3) | No order for eviction made in terms of section 10 or 11 may be executed before the owner or person in charge has paid the compensation which is due in terms of subsection (1): Provided that the Court may grant leave for eviction subject to satisfactory guarantees for such payment. |
Section 13(3) substituted by section 14 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, G49372, dated 27 September 2023]
