Cap. 20:29
LAND
CoMMissroN
No.12/2017
and shall afford such persons the opportunity of making representations in writing in
relation to the proposal.
(2) Notice to persons or classes of persons referred to in subsection ( 1)(b) may
be given by notice published in a newspaper circulating in the district where the farm
concerned is situated.
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Minister may revoke or vary order or extend time for compliance
therewith
(1) The Minister may at any time(a) revoke; or
(b) with the consent of the lawful holder or occupier to whom an order was
given, vary;
an order made in terms of section 32 or 33.
(2) If the lawful holder or occupier of a farm or any person or classes of
persons referred to in section34(1)(b) to whom an order in terms of section32 or 33
has been given feels that he or she will be unable to comply with the order within the
time specified he or she may request the Minister to grant an extension of that time,
and if the Minister refuses to do so or grants him or her an extension which he or she
considers to be inadequate he or she may, before the expiry of the specified time, appeal
to the Minister through the Commission, and section61(4) and (5) shall apply to the
appeal.
(3) The Minister may, in determining the appeal, seek, but not be bound by,
the advice of the Commission on the appeal.
PART VII
APPELLATE AND DISPUTE SEnLEMENT FuNCTIONS OF CoM&tiSSION
36
Appellate and dispute settlement functions of Commission
( 1) The Commission or any three of its members appointed by the chairperson
for the settlement of any particular dispute or appeal bas jurisdiction to deterrnine(a)
any appeal which this Act expressly provides shall be determined by the
Commission; and
(b)
any dispute or appeal which regulations made under this Act or the terms
of any lease or permit provide shall be determined by the Commission.
(2) In determining a dispute or appeal the Commission(a)
shall be bound by the rules of natural justice, and otherwise by the rules
set forth in the Fifth Schedule; and
(b)
shall not be bound by the common law rules of evidence, and may ascertain
any relevant fact by any means which it thinks fit and which is not unfair
or unjust to any party; and
(c)
any contempt of the Commission by any party to an appeal or dispute
before the Commission shall constitute the crime of contempt of court
in terms of section 181 of the Criminal Law Code.
(3) For the purposes of determining any appeal or dispute before the Commission
the chairperson of the Commission shall select two assessors from a panel of names
submitted by the Minister responsible for justice after consultation with the Minister.
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