Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996)Chapter I : Introductory provisions2. Limitation of rights |
| (1) | The rights conferred by this Act shall be subject to the provisions of any law providing for the expropriation of land or rights in land. |
| (2) | In the event of expropriation of land which is occupied or used by a labour tenant or his or her associate, such labour tenant or his or her successor in title shall be entitled to just and equitable compensation as prescribed in the Constitution for the resulting loss of rights in land. |
| (3) | Nothing in this Act shall affect the rights of any person, other than an owner, who is entitled to mine any land in terms of the Minerals Act, 1991 (Act No. 50 of 1991), or who is the holder of mineral rights. |
| (4) | A labour tenant shall be deemed to be an owner of land for the purposes of section 42 of the Minerals Act, 1991. |
| (5) | If in any proceedings it is proved that a person falls within paragraphs (a), (b) and (c) of the definition of 'labour tenant', that person shall be presumed not to be a farmworker, unless the contrary is proved. |
[Section 2(5) inserted by section 33 of Act No. 63 of 1997]
| (6) | For the purpose of establishing whether a person is a labour tenant, the Court shall have regard to the combined effect and substance of all agreements entered into between the person who avers that he or she is a labour tenant and his or her parent or grandparent, and the owner or lessee of the land concerned. |
[Section 2(6) substituted by section 3 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, GG49372, dated 27 September 2023]