2
(b) he occupied such land in anticipation of being resettled by an acquiring authority on that
or any other land for agricultural purposes in terms of the Land Acquisition Act
[Chapter 20:10]; and
(c) he qualifies for settlement on that or any other land in accordance with the relevant
administrative criteria fixed by an acquiring authority for the resettlement of persons for
agricultural purposes.
(2) Notwithstanding anything to the contrary in any other law, but subject to this Act, no
court shall issue any order for the recovery of possession from a protected occupier of any rural
land, or the ejectment therefrom of a protected occupier, or the payment of damages by such
protected occupier in respect of the occupation or trespass of such land during any period referred
to in section four.
(3) Any order referred to in subsection (2) that was issued in relation to any protected
occupier before the date of commencement of this Act shall be suspended and of no force or
effect during any period referred to in section four
(4) Notwithstanding anything to the contrary in any other law, but subject to this Act, no
protected occupier shall be liable for any statutory or non-statutory offence of trespass upon or
unauthorized entry into rural land in respect of which he is a protected occupier.
(5) Subsection (4) shall apply notwithstanding any court order that was issued in relation to
any protected occupier before the date of commencement of this Act.
(6) For the purposes of this section, "land" does not include any building permanently
attached to the land.
4
Period of protected occupation
The period during which a person shall be a protected occupier of rural land —
(a) in relation to which a preliminary notice identifying such land as being required for
resettlement purposes or an acquisition order was issued on or before the date of
commencement of this Act, shall be—
(i) the period during which such preliminary notice is in force in terms of the Land
Acquisition Act [Chapter 20:10]; or
(ii) the period during which such acquisition order is pending before the
Administrative Court for confirmation in terms of the Land Acquisition Act
[Chapter 20:10]; or
(iii) if the Administrative Court refuses to grant an order authorising or confirming
the acquisition of the land, a period of one year 1 after the date of such refusal; or
(iv) a period of six months after such preliminary notice or acquisition order is
withdrawn or revoked in terms of the Land Acquisition Act [Chapter 20:10],
unless, within that period, a fresh preliminary notice or acquisition order is
issued in respect of the same land;
as the case may be; or
(b) in relation to which no preliminary notice identifying such land as being required for
1
Originally six months. Amended by s. 30 of the General Laws Amendment Act, 2002 (No. 2 of
2002) with effect from the 4th February 2002.