STATE LANDS (RECOVERY OF POSSESSION) ACT

Arrangement of Sections

1. Short title.

2. Repealed.

3. Notice to issue to party in unauthorised possession or occupation to vacate land.

4. Obligation to comply with a quit notice.

5. Effect of non-compliance with a quit notice.

6. Magistrate to issue notice on person named in application to show cause.

6A. Applications for ejectment to be disposed of within certain periods.

7. Order for ejectment where no cause is shown.

8. Inquiry if cause is shown.

9. Scope of inquiry.

10. Order of ejectment.

11. Execution of order of ejectment.

11A. Re-entry in land after ejectment to be an offence.

12. Action in vindication may be maintained against the State.

13. Compensation.

14. Competent authority subject to direction and control.

15. Protection of public officers.

16. Omitted.

17. This Act to prevail over other law.

18. Interpretation.

7 of 1979,

58 of 1981,

29 of 1983,

50 of 1987,

45 of 1992,

60 of 1993,

29 of 1997,

53 of 1998,

3 of 2005.

AN ACT to make provision for the recovery of possession of state lands from persons in unauthorised possession or occupation thereof and for matters connected therewith or incidental thereto.*

[Date of Commencement: 25th January, 1979]

1. Short title.

This Act may be cited as the State Lands (Recovery of Possession) Act.

2. .

[S 2 rep by s 2 of Act 29 of 1983.]

3. Notice to issue to party in unauthorised possession or occupation to vacate land.

(1) Where a competent authority is of the opinion

(a) that any land is State land; and

(b) that any person is in unauthorised possession or occupation of such land, the competent authority may serve a notice on such person in possession or occupation thereof, or where the competent authority considers such service impracticable or inexpedient, exhibit such notice in a conspicuous place in or upon that land requiring such person to vacate such land with his dependants, if any, and to deliver vacant possession of such land to such competent authority or other authorised person as may be specified in the notice on or before a specified date. The date to be specified in such notice shall be a date not less than thirty days from the date of the issue or the exhibition of such notice.

[S 3(1) subs by s 3 of Act 29 of 1983.]

(1A) No person shall be entitled to any hearing or to make any representation in respect of a notice under subsection (1).

[S 3(1A) ins by s 3 of Act 29 of 1983.]

(2) Every notice under subsection (1) issued in respect of any State land is in this Act referred to as a "quit notice”.

(3) A quit notice in respect of any State land shall be deemed to have been served on the person in possession or occupation thereof if such notice is sent by registered post.

(4) Every quit notice shall be in Form A set out in the Schedule to this Act.

4. Obligation to comply with a quit notice.

Where a quit notice has been served or exhibited under section 3—

(a) the person in possession or occupation of the land to whom such notice relates or any dependants of such person shall not be entitled to possess or occupy such land after the date specified in such notice or to object to such notice on any ground whatsoever except as provided for in section 9;

(b) the person in possession or occupation shall together with his dependants, if any, duly vacate such land and deliver vacant possession thereof to the competent authority or person to whom he is required to do so by such notice.

5. Effect of non-compliance with a quit notice.

(1) Where any person fails to comply with the notice provisions of section 4(b) in respect of any quit notice issued or exhibited or purporting to have been issued or exhibited under this Act, any competent authority (whether he is or not the competent authority who issued or exhibited such notice) may make an application in writing in the Form B set out in the Schedule to this Act to the Magistrate's Court within whose local jurisdiction such land or any part thereof is situated—

[S 5(1) am by s 4 of Act 29 of 1983.]

(a) setting forth the following matters—

(i) that he is a competent authority for the purposes of this Act;

(ii) that the land described in the schedule to the application is in his opinion State land;

[S 5(1)(a)(ii) am by s 4 of Act 29 of 1983.]

(iii) that a quit notice was issued on the person in possession or occupation of such land or was exhibited in a conspicuous place in or upon such land;

(iv) that such person named in the application is in his opinion in unauthorised possession or occupation of such land and has failed to comply with the provisions of the aforesaid paragraph (b) of section 4 in respect of such notice relating to such land; and

[S 5(1)(a)(iv) am by s 4 of Act 29 of 1983.]

(b) praying for the recovery of possession of such land and for an order of ejectment of such person in possession or occupation and his dependants, if any, from such land.

(2) Every such application under subsection (1) shall be supported by an affidavit in the Form C set out in the Schedule to this Act verifying to the matters set forth in such application and shall be accompanied by a copy of the quit notice.

(3) Every application supported by an affidavit and accompanied by a copy of the quit notice under the preceding provisions of this section shall be referred to as an "application for ejectment”.

(4) No stamp duties shall be payable for any application for ejectment.

6. Magistrate to issue notice on person named in application to show cause.

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