Page 18 - Litigating in the Land Claims Court: Training Manual

LITIGATION IN IN IN THE LAND CLAIMS COURT TRAINING MANUAL LITIGATION IN IN IN THE LAND CLAIMS COURT TRAINING MANUAL Who is covered by LTA?
47 The LTA LTA is is only applicable to the the issues affecting labour tenants and associates 31 In terms of the the LTA LTA a a a a a a a a a labour tenant is defined fin in section 1 as a a a a person-
a) Who is residing or has the right to reside on a a a a farm b) Who has has or or has has had the the right to to use cropping or or grazing land on the the farm referred to to in in in paragraph (a) or or another farm of of the the the owner and in consideration of of such right provides or or has provided labour to the the the owner or lessee and c) Whose parents or or or grandparent resided or or or resides on a a a a a a a a farm and and had the use of cropping or or or grazing land on on on such such farm farm or or another farm farm of of the the owner and and in consideration of of such such right provided or or provides labour to the the owner or or lessee of such such or or such such other farm ”
48 This definition causes many problems Most labour tenants were paid both through rights fin in in land and and fin in in goods or or salary The dispute in in most opposed labour tenant matters is is not whether a a a a a a person worked in in return for rights rights in land but whether those rights rights were more valuable than the the the the other compensation they received for their labour That requires detailed expert evidence about the the value of various rights in land over several decades as as well as as the value of salaries or food over time Application for Acquisition of Land
49 There are six phases in in a a a a a a a a a labour tenant’s application for a a a a a a a a a right in in land:
49 1 1 1 1 The Application Phase: In terms of s s s s s 16 read with s s s s s 17(1) a a a a a a a labour tenant must apply to the Director-General for a a a a a a a right in land Under s s s 16(1) these applications had to to be lodged by 31 March 2001 49 2 The The Processing Phase: The The Director-General “shall” then forthwith: (a) give the the the owner of the the the land (and any other registered right-holders) notice of the the the application (s 17(2) (a)) and and (b) publish the the the application in the the Government Gazette (s 17(2) (c)) The Director-General must draw the the owner’s attention to to ss ss 17 17 and and 18 (s 17(2) (b)) and and request certain information from him to to assist in in in processing the application (s 17(2) (d)) 49 3 The The Response Phase: The The owner must then respond to the the application within one calendar month (s 17(4)) She must inform the the the Director-General: (a) whether she admits or or or denies that the the the applicants are are labour labour tenants tenants and (b) if she denies that they are are labour labour tenants tenants the the reason for her denial 49 4 4 The Agreement Phase: If the the the the owner owner admits that they are labour tenants the the the the owner owner must then make “proposals as to to to an an equitable means of of disposing of of the the application” to to to the the Director-General (s (s 18(1)) The Director-General “shall” give a a a a a copy of the the proposal to to the the Applicants (s (s 18(2)) If 31 Associate is is defined fin in in in in in in section section section 1 1 1 of of of of of the the Labour Tenants Act as as as as “a family member of of of of of a a a a a a a a a a a a a a a a a a a a a labour labour labour tenant tenant and any other person who who has has been been nominated nominated fin in in in in in in terms terms of of of of of section section section 3 (4) as as as as a a a a a a a a a a a a a a a a a a a a successor of of of of such labour labour labour tenant tenant or or or who who has has been been nominated nominated fin in in in in in terms of of of of section section section 4 4 (1) to provide labour labour labour fin in in in in in his or or or her her stead ”
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