Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996)

Chapter II : Right to Occupy and Use Land

Eviction of labour tenants and other persons

13. Proceedings in other courts
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[Section 13 heading substituted by section 34 of Act No. 63 of 1997]

 

 

(1) [Section 13(1) deleted by section 4 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, GG49372, dated 27 September 2023].

 

(1A)If an issue arises in a case in a magistrate's court or a High Court which requires that court to interpret or apply this Act and—
(a)no oral evidence has been led, such court shall transfer the case to the Court and no further steps may be taken in the case in such court;
(b)any oral evidence has been led, such court shall decide the matter in accordance with the provisions of this Act.

[Section 13(1A) inserted by section 34 of Act No. 63 of 1997]

 

(2) Any decision or order made by a magistrate's court in proceedings referred to in subsection (1) or (1A), shall in its entirety be subject to appeal to the Court if any of the grounds of appeal relates to the application or interpretation of this Act in such decision or order.

[Section 13(2) substituted by section 34 of Act No. 63 of 1997]

 

(3) The Court shall have exclusive jurisdiction to hear any appeal contemplated in subsection (2), notwithstanding the provisions of any other law to the contrary.

[Section 13(3) substituted by section 34 of Act No. 63 of 1997]

 

(4) [Section 13(4) deleted by section 34 of Act No. 63 of 1997]