Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996)Chapter III : Acquisition of ownership or other rights in land by labour tenant18. Resolution of claim by agreement |
| (1) | An owner of affected land, who informs the Director-General in terms of section 17(4) that he or she admits that the applicant is a labour tenant may, within one calendar month after the date of such admission, submit to the Director-General proposals as to an equitable means of disposing of the application, including but not limited to the acquisition by the labour tenant of rights in land elsewhere on that farm or in the vicinity, or payment to the labour tenant of compensation in lieu of the acquisition of such land. |
| (2) | The Director-General shall forthwith give notice of any proposal referred to in subsection (1), and a copy thereof, to the applicant. |
| (3) | The Director-General may appoint a mediator to assist the applicant and the owner to discuss any such proposal and to arrive at an agreed resolution of the application. |
| (4) | If an agreed resolution is not reached within one calendar month after receipt by the applicant of notice of the proposal, the applicant may continue with his or her original application: Provided that the applicant shall not be obliged to wait for the expiration of a calendar month if the proposal was submitted to the Director-General later than the period referred to in subsection (1). |
| (5) | No agreement for the settlement of any application shall be of any effect unless the Director-General has certified that he or she is satisfied that it is reasonable and equitable, or unless it is incorporated in an order of the Court in terms of this Act. |
| (6) | The Director-General may submit any agreement certified by him or her in terms of subsection (5), to the Court. |
[Section 18(6) substituted by section 36 of Act No. 63 of 1997]
| (7) | If— |
| (a) | the owner does not submit proposals in terms of subsection (1); or |
| (b) | the applicant rejects a proposal in terms of subsection (4); or |
| (c) | the parties reach an agreement but the Director-General is not satisfied that it is reasonable and equitable, |
the Director-General shall, at the request of any party, refer the application for arbitration or to the Court for adjudication, and inform the other parties that he or she has done so.
| (8) | The parties may, within 30 days of the referral of the application for arbitration, make a joint recommendation to the Director-General as to who should be appointed as the arbitrator. |
| (9) | Any nomination referred to in subsection (7) shall be in writing, signed by all the parties, and submitted to the Director-General. |
[Section 18(7)(8)(9) substituted by section 6 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, GG49372, dated 27 September 2023].