Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997)

Chapter V : Dispute Resolution and Courts

17. Choice of court

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(1) Section 17(1) deleted by section 18 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, G49372, dated 27 September 2023]

 

(2) If all the parties to proceedings consent thereto, proceedings may be instituted in any division of the High Court within whose area of jurisdiction the land in question is situate.

 

(2A)A Special Tribunal established under section 2 of the Special 45 Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996), may, in proceedings arising out of that Act—
(a) decide whether a person is an occupier as defined in section 1;
(b) make an order for eviction under this Act and shall have all powers necessary or reasonably incidental thereto;
(c) where it finds that a person has unlawfully obtained consent to reside on land under any of the circumstances mentioned in section 2(2)(a) to (g) of the Special Investigating Units and Special Tribunals Act, 1996, exclude such person from the application of the provisions of this Act.

[Section 17(2A) inserted by section 27 of Act No. 61 of 1998]

 

(2B) A Special Investigating Unit established under section 2 of the Special Investigating Units and Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996), may investigate any matter relevant to the exercise by a Special Tribunal of the powers mentioned in subsection (2A).

[Section 17(2B) inserted by section 27 of Act No. 61 of 1998]

 

(3) Section 17(3) deleted by section 18 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, G49372, dated 27 September 2023].

 

(4) Section 17(4) deleted by section 18 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, G49372, dated 27 September 2023]