Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996)Chapter II : Right to Occupy and Use LandEviction of labour tenants and other persons10. Effect of order for eviction |
| (a) | the Court shall order the owner to pay compensation to the extent that it is just and equitable; and |
| (b) | the Court may order the owner to give the labour tenant a fair opportunity to— |
| (i) | demolish such structures and improvements as were erected by the labour tenant and his or her associates or predecessors, and to remove materials so salvaged; and |
| (ii) | tend a crop to which he or she is entitled, until it is ripe and thereafter to reap and remove it. |
| (2) | The compensation referred to in subsection (1) shall be determined by the Court as being just and equitable, taking into account— |
| (a) | the replacement value of such structures and improvements; |
| (b) | the value of materials which the labour tenant may remove; |
| (c) | the value of materials supplied by the owner or his or her predecessors for the erection of such structures and improvements; |
| (d) | if the labour tenant has not been given the opportunity to remove the crop, the value of the crop; and |
| (e) | the circumstances which gave rise to the eviction, including the conduct of the parties. |
| (3) | No order for eviction made in terms of section 7 may be executed before the owner has paid the compensation which is due in terms of subsection (1). |