(1) | A magistrate's court— |
(a) | shall have jurisdiction in respect of— |
(i) | proceedings for eviction or reinstatement; and |
(ii) | criminal proceedings in terms of this Act; and |
(i) | to grant interdicts in terms of this Act; and |
(ii) | to issue declaratory orders as to the rights of a party in terms of this Act. |
(2) | Civil appeals from magistrates' courts in terms of this Act shall lie to the Land Court. |
[Section 19(2) substituted by section 19(a) of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, G49372, dated 27 September 2023
(3) | Any order for eviction by a magistrate's court in terms of this Act, in respect of proceedings instituted on or before a date to be determined by the Minister and published in the Gazette, shall be subject to automatic review by the Land Court, which may— |
(a) confirm such order in whole or in part;
(b) | set aside such order in whole or in part; |
(c) | substitute such order in whole or in part; or |
(d) | remit the case to the magistrate's court with directions to deal with any matter in such manner as the Land Court may think fit: |
[Section 19(3) substituted by section 19(a) of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, G49372, dated 27 September 2023
(4) | The provisions of subsection (3) shall not apply to a case in which an appeal has been noted by an occupier. |
(5) | Any order for eviction contemplated in subsection (3) shall be suspended pending the review thereof by the Land Court. |
[Section 19(2) substituted by section 19(b) of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, G49372, dated 27 September 2023