| (1) | An arbitrator or the Court may, in addition to the power to make other orders in terms of this Act— |
| (a) | order that the land and servitudes contemplated in section 16 shall be subject to indigenous law and custom; |
| (b) | order that land, used commonly or jointly by the applicant, the owner and any other person, be registered in undivided shares in the name of the owner, the labour tenant and other persons specified by the arbitrator or the Court; |
| (c) | determine conditions which must be fulfilled before land may be registered in the name of a labour tenant; |
| (d) | if a labour tenant is required to make any payment before the land is registered in his or her name, determine the time for and method of such payment; |
| (e) | direct how the orders of the arbitrator or the Court shall be carried out, including the setting of time limits for the implementation of such orders; |
| (f) | make such orders for costs as it deems just. |
| (2) | The Court shall have jurisdiction and the necessary or reasonably incidental powers to determine any justiciable dispute which arises from the provisions of this Act. |
| (2A) | At the instance of any interested person, including a person who avers that he or she is a labour tenant, irrespective as to whether or not such person has lodged an application in terms of section 17, the Court may determine whether a person is a labour tenant. |
[Section 33(2A) inserted by section 5 of Act No. 61 of 1998 (Notice No. 1214, GG 19291, dated 28 September 1998)]
| (3) | The Director-General may determine that proceedings for the eviction of any person shall take place before an arbitrator appointed in terms of section 19(3). |
[Section 33(3) substituted by section 14 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, GG49372, dated 27 September 2023].
| (4) | If the Director-General makes a determination in terms of subsection (3) the arbitrator so appointed shall have all of the powers of the Court in relation to those proceedings. |
[Section 33(4) substituted by section 14 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, GG49372, dated 27 September 2023].
| (5) | Any decision, order or determination made by an arbitrator in terms of this Act shall be subject to appeal to the Court in the manner provided in the rules. |
