40 Delivery of grounds of opposition Not less than four days before the date stated in the abatement summons, the responsible person may, if he intends to show cause why an abatement order should not be made, deliver to the clerk of court and to the authority copies of a written statement setting out his reasons for opposing the making of the abatement order. 41 Inquiry to be held into application (1) At the time, upon the date and at the place stated in the abatement summons, the housing court shall, subject to subsection (2), inquire into the application for an abatement order. (2) If the responsible person or his representative fails to appear in compliance with the abatement summons, the housing court may— (a) upon proof of service of the abatement summons on the responsible person; or (b) upon proof that the responsible person cannot be found by diligent search; proceed in terms of subsection (1) in his absence. 42 Making of abatement order Having considered any evidence or argument tendered by the parties or requested by itself at the inquiry referred to in subsection (1) of section forty-one, the housing court may— (a) where it is satisfied that the dwelling concerned is overcrowded, make an abatement order; or (b) refuse to make an abatement order. 43 When dwelling deemed to be overcrowded A dwelling shall be deemed to be overcrowded if— (a) the number of persons sleeping in the dwelling is such that any two of such persons— (i) being persons ten years or more of age of opposite sex; and (ii) not being persons living together as husband and wife; must sleep in the same room; or (b) it fails to satisfy one or more of the minimum requirements set out in the Second Schedule. 44 Persons on whom copy of abatement order shall be served A copy of every abatement order shall be served by the clerk of court on— (a) the authority; and (b) the responsible person. 45 Contents of abatement order An abatement order shall— (a) specify— (i) the dwelling in respect of which the abatement order is made; and (ii) the maximum number of persons permitted to occupy the dwelling referred to in subparagraph (i); and (b) require the responsible person to ensure that— (i) the total number of persons occupying the dwelling concerned is reduced to the occupation quota within the period specified in terms of subsection (2) or proviso (i) to subsection (3), as the case may be, of section forty-seven; and (ii) the occupation quota is not exceeded at any time after the expiry of the appropriate period referred to in subparagraph (i). 46 Abatement order binding on successors in title An abatement order shall be binding upon the owner of the dwelling concerned and his successors in title. 47 Names of persons required to vacate dwelling to be listed (1) Where an abatement order has been made in respect of a dwelling, the responsible person shall— (a) within a period of seven days from the date when the abatement order was made; and (b) after the expiry of the period referred to in paragraph (a), within a period of seven days from the date upon which he is requested in writing by the authority to do so; determine which persons he will require to vacate the dwelling in order to reduce the total number of persons occupying the dwelling to the occupation quota and submit to the authority a list of the names of such persons: Provided that, if the responsible person— (a) fails to submit such list; or (b) submits such list in an incomplete state; within the period referred to in paragraph (a) or (b), as the case may be, of this subsection, the authority shall itself prepare or complete such list. (2) Upon— (a) receipt of a list submitted in terms of subsection (1); or (b) the preparation or completion of a list in terms of the proviso to subsection (1); as the case may be, the authority shall serve written notice on the persons whose names appear on such list that they are required to vacate the dwelling concerned within a specified period, which shall not be less than thirty days from the date of such service. (3) The determination referred to in subsection (1) may from time to time be changed by agreement between the responsible person and the authority, in which event the list referred to in that subsection shall be changed accordingly: Provided that— (i) the authority shall serve written notice on the persons whose names appear on such list that they are required to vacate the dwelling concerned within a specified period, which shall not be less than thirty days from the date of such service; (ii) no such change shall have the effect of causing the occupation quota of the dwelling concerned to be exceeded. (4) An abatement order shall— (a) have the same effect in relation to a person whose name appears on a list— (i) referred to in subsection (1); or (ii) changed in terms of subsection (3); as an order for ejectment made by a magistrates court against such person; and (b) be enforceable at the instance of the authority. (5) Any person whose name appears on a list— (a) referred to in subsection (1); or (b) changed in terms of subsection (3); and who, after the expiry of the period specified in terms of subsection (2) or proviso (i) to subsection (3)— (i) continues to occupy the dwelling concerned; or (ii) by resuming occupation of the dwelling referred to in subparagraph (i), causes the occupation quota of such dwelling to be exceeded;