AGRICULTURAL LAND SETTLEMENT ACT [CHAPTER 20:01] (as amended)
estate or on his behalf by a person nominated by him and approved in writing by the
Minister.
(3) If the legal representative of the estate—
(a) gives not less than three months’ notice to the Minister of his intention to terminate the lease; or
(b) fails within twelve months, or such longer period as the appropriate may approve, of the date of the death of the lessee or of the date of the issue of the order of court directing that the lessee be detained as a mentally disordered or
defective person or of the date of issue of the order of court declaring the lessee
incapable of managing his own affairs, to notify the Minister in writing that he
intends to cede or to continue the lease; or
(c) having notified the Minister of his intention to cede the lease, fails to cede it
within such period as may be fixed by the Minister;
the lease shall terminate.
17 Termination or cancellation of lease
(1) A lessee may terminate his lease by giving not less than three months’ written notice of his intention to do so.
(2) If a lessee fails to comply with any term or condition of his lease, the Minister
may cancel the lease.
18 Rights and duties on termination or cancellation of lease
(1) Upon the termination or cancellation of a lease in terms of section fifteen, sixteen
or seventeen the Minister shall have the right to retake possession of and, subject to
section nineteen, occupy the holding with all improvements thereon.
(2) The termination or cancellation of a lease in terms of section fifteen, sixteen or
seventeen shall not extinguish any debt due from the lessee to the State in terms of the
lease.
19 Improvements
(1) Where the lease has been terminated or cancelled in terms of section fifteen, sixteen or seventeen, no compensation shall be payable to the lessee or his trustee, assignee
or legal representative, as the case may be, for improvements effected on or to the holding:
Provided that the Minister may, from moneys appropriated for the purpose by Act of
Parliament, make an ex gratia payment to the lessee or his trustee, assignee or legal
representative, as the case may be, in respect of such improvements.
(2) In lieu of an ex gratia payment referred to in subsection (1) the Minister may
permit the lessee or his trustee, assignee or legal representative, within three months of the
termination or cancellation of his lease in terms of section seventeen, to remove any
improvements effected by him or on his behalf on or to the holding:
Provided that—
(i) any rent due in respect of the holding, any amount due to the State in respect of
any improvement on the holding and any amount outstanding on any loan made
to the lessee in respect of the holding or his farming operations on the holding
by the State or the Corporation as defined in section 2 of the Agricultural Finance Corporation Act [Chapter 18:02] is paid or repaid, as the case may be,
before such removal;9
(ii) such removal is effected without injury to the land.
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