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

Chapter V : Dispute Resolution and Courts

20. Land Court

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[Section 20 heading substituted by section 20 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, G49372, dated 27 September 2023

 

(1) The Land Court shall have jurisdiction in terms of this Act throughout the Republic and shall have all the ancillary powers necessary or reasonably incidental to the performance of its functions in terms of this Act, including the power—
(a) decide any constitutional matter in relation to this Act;
(b) grant interlocutory orders, declaratory orders and interdicts;
(c) review an act, omission or decision of any functionary acting or purporting to act in terms of this Act;
(d)review an arbitration award in terms of the Arbitration Act, 1965 (Act No. 42 of 1965), in so far as it deals with any matter that may be heard by the Land Court in terms of this Act.
(e)direct how the orders of the Land Court shall be executed, including the setting of time limits for the implementation of such orders; and
(f)make such orders for costs as it deems just.

[Section 20(1) substituted by section 20 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, G49372, dated 27 September 2023

 

(2) The Land Court has the powers set out in subsection (1) to the exclusion of any court contemplated in section 166(c), (d) or (e) of the Constitution.

[Section 20(2) substituted by section 21 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, G49372, dated 27 September 2023

 

(3) [Section 20(3) deleted by section 22 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, G49372, dated 27 September 2023

 

(4) The Rules Board for Courts of Law must make rules to govern the procedure for the automatic review of orders for eviction in terms of section 19(3).

[Section 20(4) substituted by section 22 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, G49372, dated 27 September 2023