Page 30 - 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 102 The judge or magistrate hearing the matter will check that:
102 1 1 1 1 the procedural requirements for eviction (ss 6 and and 11) have been met and and 102 2 2 that there is no pending s s s 16 application (section 14) 103 The judge or or magistrate will then decide whether it is is appropriate to order an an eviction eviction An eviction eviction can only
be ordered if:
103 1 1 the the labour labour tenant contrary to to an an agreement has failed or refused to to provide labour labour – unless the the labour labour tenant is is over 60 and has nominated another to perform his labour labour (s 7(2)(a) read with s s s s s 9) or 103 2 the the labour tenant or or his or or her associate has committed such a a a a a a a a a a a material fundamental breach of the the relationship between the the labour tenant or or associate and the the owner or or lessee that it is not practically possible to to remedy it it either at at all or or in a a a a a a a manner which could reasonably restore the the relationship (section 7(2)(b)) 104 There are three circumstances where where a a a a a a a a court can refuse to grant an an an an an eviction order or or or where where the standard for granting the eviction is higher 104 1 1 A person who has attained the age of of 60 years or as as a a a a a a a a a a result of of disability is is unable to provide labour to to the owner or or lessee and has not nominated a a a a a a a person to to provide labour in in his or or her stead shall not be evicted on on the ground that he he he or or she has refused or or failed to provide labour (section 9 (1) (a) and (b)) 104 2 A person who has lodged a a a a a a a s s s s s s 16 application application cannot be evicted while his or her application application is is still
pending unless the Court is is is satisfied that special circumstances exist which makes it fair just and equitable to issue an eviction order (section 14) 104 3 In a a a a a a a a a a case where a a a a a a a a a a labour tenant has died and his or associates have not been given twelve (12) calendar months’ notice to leave the farm (section 9(2)) 105 Effect of of the the the Court Court order: In terms of of s s s s 10(1)(a) if the the the Court Court grants an an eviction order order order it shall order order order the the the owner to to pay compensation to to the the extent that is just and equitable In terms of s s s s s 10(1)(b) the the Court may order the owner to to give a a a a a a a labour tenant a a a a a a a fair opportunity to to (i) demolish such structures and improvements as were erected by the labour tenant and and his or or or her associates or or or predecessors and and remove all materials so so so salvaged and and and (ii) tend a a a a a a a a crop to to which he he he or she is is entitled until it it is is ripe and and and thereafter to to reap and and and remove it In terms of s s s s 10(2) the the compensation must be determined by the the Court PAGE 30 PAGE