The Land Court Act, 2023 (Act No. 6 of 2023)Chapter 3 : Judges, Officers and Assessors of Court12. Appointment of assessors |
| (1) | The Court may, when adjudicating on any matter in terms of this Act, sit with or without assessors in accordance with the provisions of this section: Provided that not more than two assessors may be appointed in any matter. |
| (2) | The assessors contemplated in subsection (1) must be— |
| (a) | appointed by the presiding judge in the prescribed manner; and |
| (b) | a person who has skills, experience and knowledge relevant to the work of the Court, irrespective of whether that person has any legal qualifications or not. |
| (3) | No assessor may hear any evidence unless that assessor first takes the prescribed oath or affirmation, administered by the judge. |
| (4) | An assessor who takes an oath or makes an affirmation under subsection (3) is a member of the Court: Provided that— |
| (a) | subject to the provisions of paragraph (b) of this proviso, the decision or finding of the majority of the members of the Court upon any question of fact is the decision or finding of the Court, except when the judge or judges sit with only one assessor, in which case the decision or finding of the judge or judges is, in the case of a difference of opinion between the assessor on the one hand and the judge or judges on the other, the decision or finding of the Court; and |
| (b) | the judge or judges alone decide on any question of law or upon any question whether any matter constitutes a question of law or a question of fact, and the judge or judges may, for this purpose, sit alone. |
| (5) | If an assessor dies or, in the opinion of the judge or judges, becomes unable to act as assessor at any time, the judge or judges may direct that the matter— |
| (a) | be proceeded with before the remaining member or members of the Court; or |
| (b) | start afresh and, for that purpose, may summon an assessor in the place of the assessor who has died or has become unavailable to act as assessor. |
| (6) | An assessor who is not in the full-time employment of the State must receive such remuneration and is entitled to such benefits as may be determined by the Minister, in consultation with the Cabinet member responsible for finance. |