(c)
(d)
(e)
and
shall require the owner of the building concerned to
close such building in a specified manner; and
shall determine the date, and the duration, of closure
of the building concerned; and
shall specify—
(i) the use or uses, if any, to which the building
concerned may be put; and
(ii) the person or persons, if any, who may occupy
the building concerned;
after the date, and during the duration, of closure
thereof.
27 Criteria in making of order
A housing court shall, in making an order, have regard
to—
(a) the age, character, value and locality of the building
concerned, including its architectural or historical interest, if any;
(b) the cost of the work necessary to raise or restore the
building concerned to a satisfactory standard and the
value of the building after the completion of such
work;
(c) in the case of a dwelling, any proposal made by any of
the parties that the dwelling concerned be used for a
purpose other than human habitation;
(d) whether or not it is desirable and feasible to make an
order in respect of part only of the building concerned;
(e) in the case of a demolition order, any effect which the
demolition of the building concerned may have on any
property or building adjacent thereto.
28 Order binding on successors in title
An order shall be binding upon the owner of the building
concerned and his successors in title.
29 Effect of order stipulating vacation
(1) Where an order stipulates that the building in respect
of which the order is made shall be vacated by all or any of
its occupants, no person, other than a person permitted in
terms of the order to occupy the building, shall enter or
occupy the building during the period for which such
vacation is stipulated without the permission of the housing
court.
(2) Any person who enters or occupies a building in
contravention of subsection (1) shall be guilty of an offence
and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such
fine and such imprisonment.
(3) An order referred to in subsection (1) shall—
(a) have the same effect in relation to an occupant
required to vacate the building concerned as an order
for ejectment made by a magistrates court against
such occupant; and
(b) be enforceable at the instance of the authority.
30 Persons on whom copy of order shall be served
(1) A copy of every order shall be served by the clerk of
the court on—
(a) the authority; and
(b) the Registrar of Deeds; and
(c) the owner and any right holder of the building
concerned.
(2) Upon receipt of the copy referred to in subsection (1),
the Registrar of Deeds shall note the contents of the order
concerned in his registers in respect of the property concerned and on the title deed of the property:
Provided that, if at any time the owner’s copy of such deed
is lodged with the Registrar of Deeds for any purpose, the
Registrar of Deeds shall make a note on the copy to the same
effect.
31 Certificate of compliance with order
(1) Where a repair order or a demolition order has been
complied with by the owner of the building concerned, the
authority shall serve on—
(a) the clerk of court; and
(b) the Registrar of Deeds;
a certificate to that effect:
Provided that, if—
(a) such owner considers that he has complied with the
order; and
(b) the authority has not served such certificate;
such owner may apply to the housing court for a direction
that such certificate be served.
(2) Upon receipt of the certificate referred to in subsection
(1), the Registrar of Deeds shall cancel the note made by him
in terms of subsection (2) of section thirty.
32 Variation, revocation or replacement of order
(1) After the expiration of six months from the date on
which an order was made and from time to time—
(a) the owner or any right holder of the building concerned; or
(b) the authority;
may, after having given the other party or parties to the
proceedings in which the order was made seven days’ written
notice of his or its intention to do so, apply in the prescribed
form to the housing court for the order to be varied, revoked
or replaced by a different order.
(2) Upon an application made in terms of subsection (1),
the housing court may, after having taken into account the
representations, if any, of the applicant and the other party or
parties referred to in that subsection—
(a) if it considers that the circumstances in which the
order was made have since changed, vary or revoke
the order or substitute a different order for the order;
or
(b) refuse the application.
(3) Where a housing court has, in terms of paragraph (a)
of subsection (2), varied or revoked an order or substituted a
different order for an order, the clerk of court shall notify the
Registrar of Deeds in writing of the variation, revocation or
substitution, as the case may be, and the Registrar of Deeds
shall alter or cancel the note made by him in terms of
subsection (2) of section thirty accordingly.
33 Failure to comply with order an offence
(1) Any owner of a building who fails to comply with—
(a) a stipulation made in terms of paragraph (b); or
(b) a requirement made in terms of paragraph (c); or
(c) a determination made in terms of paragraph (d);
of section twenty-four, twenty-five or twenty-six, as the case
may be, in relation to the building of which he is the owner
shall be guilty of an offence and liable to a fine not exceeding
level five or to imprisonment for a period not exceeding six
months or to both such fine and such imprisonment.
(2) Any owner of a building who fails to comply with a
specification made in terms of paragraph (e) of section
twenty-six in relation to the building of which he is the owner
shall be guilty of an offence and liable to a fine not exceeding
level five or to imprisonment for a period not exceeding six
months or to both such fine and such imprisonment.