No. 12/2017 LAND CoMivrrssroN Cap. 20:29 (2) In lieu of the payment refened to in subparagraph ( 1) the Minister may permit the lessee or his or her trustee, assignee or legal representative, within three months of the termination or cancellation of his or her lease in terms of paragraph 5, to remove any improvements effected by him or her or on his or her behalf on or to the leasehold: Provided that(i) any rent due in respect of the leasehold, any amount due to the State in respect of any improvement on the leasehold and any amount outstanding on any loan made to the lessee in respect of the leasehold or his or her farming operations on the leasehold 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; (ii) such removal is effected without injury to the land. FIFTH SCHEDULE (Section 36(2)(a)) RULES RELATING TO APPEALS Al'.TD DErERNIINATION OP DISPUTES BY CoMMISSION Costs 1. The costs of an appeal or dispute that is determined by the Corrunission shall be borne by each party to the appeal or dispute, unless the Commission is of the opinion that an appellant, respondent or disputant or his or her legal practitioner was being vexatious, frivolous or dilatory in the pursuit of his or her claim, in which event the Conunission shall award costs against the appellant, respondent or disputant or de bonis propriis against the representative, as the case may be. Legal representation 2. A pmty to an appeal or dispute that is to be detennined by the Commission may be represented by a legal practitioner: Provided that the legal practitioner shall not recover any costs exceeding the amount of the costs which he or she would have recovered had he or she instituted the proceedings in a magistrates court. Penalisation of dilatory conduct 3. The Commission may order a legal practitioner representing a party to an appeal or dispute that is being detemuned by the Commission to pay a civil penalty not exceeding level two (ten United States dollars) for every day by which a sitting of the Commission has had to be postponed because of the absence at that sitting of the legal practitioner, if the legal practitioner has been given due notice of the date of the sitting, and the Commission is of the opinion that his or her absence was due to negligence or intentionally dilatory conduct on his or her part. Condonation of delays 4. The Commission may extend any of the times and periods set out in these rules on good cause being shown or by agreement of the patties. Rules for appeals 5. (1) When any person has given notice of an appeal he or she shall state the grounds of his or her appeal and set forth in writing all the facts 254