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resettlement purposes has been issued at the date of commencement of this Act, shall be
a period of six months from the date of commencement of this Act:
Provided that—
(i)
if within that period an acquiring authority issues such notice in respect
of that land, the provisions of paragraph (a) shall apply;
(ii)
if a person who is a protected occupier of land referred to in this
paragraph subsequently occupies land referred to in paragraph (a)
before the expiry of a period of six months from the date of
commencement of this Act, such person shall be deemed to be a
protected occupier of that land in terms of that paragraph.
5 Evidence of protected occupation
If in any proceedings for the recovery of possession of rural land identified for resettlement
purposes, or the ejectment therefrom of any person, or the payment of damages by any person in
respect of the occupation or trespass of such land, an acquiring authority certifies that—
(a) the person concerned—
(i) was occupying the land on the fixed date and was still in occupation of the land
at the date of commencement of this Act or is occupying the land pursuant to
proviso (ii) to paragraph (b) of section four; and
(ii) 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
(iii) qualifies for resettlement in terms of paragraph (c) of subsection (1) of section
three;
or
(b) the period during which the person concerned is a protected occupier of rural land in
terms of section four has not expired;
it shall be presumed, unless the contrary is shown, that the person concerned is a protected
occupier, or that the period during which the person concerned is a protected occupier has not
expired, as the case may be.
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Act not to bind the State
(1) This Act shall not bind the State.
(2) For avoidance of doubt, no person shall—
(a) be a protected occupier of any land held by or registered in the name of the State; or
(b) continue to be a protected occupier of land which had been subjected to an acquisition
order, after the date on which the title of the State to such land is registered in terms of
section 10 of the Land Acquisition Act [Chapter20:10].