(d) in the case of any building, land or property— (i) of an individual under a legal disability— A. the legal representative of such individual; or B. any person other than the legal representative referred to in subparagraph A having, whether in an official or private capacity, the possession, disposal, control or management of such building, land or property; or (ii) subject to a usufruct, fideicommissum or other limited interest, the person having the administration or control of such building, land or property; “property” means a building affected by the provisions of this Act, together with the piece of land upon which such building is situate; “provisional clearance area” means an area declared to be a provisional clearance area in terms of subsection (1) of section seventy-five; “repair order” means an order referred to in paragraph (a) of section sixteen; “responsible person” means— (a) the person in immediate control; or (b) the owner; of a dwelling affected by Part IV; “right holder” means the holder of any registered real right in or over any building, land or property affected by this Act; “stand” has the meaning given by section 2 of the Land Survey Act [Chapter 20:12]; “standard rate” means a rate of interest of not more than one per centum per annum above the current rate of interest charged by the State in respect of loans to local authorities; “summons” means a summons issued in terms of subsection (2) of section seventeen; “unsatisfactory standard”, in relation to the condition of a building, means a standard which is— (a) considered by an authority; or (b) determined by a housing court; as the context may require, to be unsatisfactory by reference to section twenty-three. 3 Application of Act This Act shall apply to every authority area. PART II HOUSING COURTS 4 Housing courts (1) For the purposes of this Act, every magistrates court shall be a housing court for every authority area within the area of jurisdiction of such magistrates court. (2) In subsection (1)— “magistrates court” means the court of a senior magistrate or a provincial magistrate. 5 Assessors (1) A housing court shall select from a list of persons nominated by the Minister responsible for justice— (a) any person who has; or (b) any two persons who have; skill and experience in any matter which may have to be considered in the proceedings concerned to sit with it, in an advisory capacity, as an assessor or assessors, as the case may be. (2) An assessor referred to in subsection (1) shall be entitled to— (a) a refund of such expenses; and (b) such remuneration for his services; as may be fixed by the Minister responsible for justice from moneys appropriated for the purpose by Act of Parliament. 6 Housing courts to be courts of record (1) A record of the proceedings of every housing court, including details of the decision and the reasons therefor, shall be kept and filed with the clerk of court. (2) The record kept and filed in terms of subsection (1) shall be accessible to the public and copies thereof shall be obtainable upon like conditions and upon payment of the same fees as if they were civil records of a magistrates court. 7 Proceedings to be in public The proceedings of a housing court shall be conducted in public. 8 Representation At any hearing before a housing court, a party may appear— (a) in person; or (b) represented by a legal practitioner: Provided that an authority may be represented by any member or employee of the authority. 9 Adjournments A housing court may adjourn its proceedings for periods not exceeding twenty-one days at a time. 10 Summoning of witnesses and privileges thereof (1) A housing court shall have power to— (a) summon witnesses; and (b) call for the production of, and grant inspection of, books and documents; and (c) examine witnesses on oath. (2) A subpoena for the attendance of witnesses or the production of books and documents shall be— (a) signed by the clerk of court; and (b) served in the same manner as a subpoena for the attendance of a witness at a civil trial in a magistrates court is served. (3) Any person— (a) subpoenaed to give evidence or to produce any book or document; or (b) giving evidence; before a housing court shall be entitled to the same privileges and immunities as if he were subpoenaed to attend or were giving evidence at a civil trial in a magistrates court. 11 Witnesses failing to attend or refusing to be sworn or to give evidence (1) If any person who has been subpoenaed to give evidence or to produce any book or document before a housing court fails to attend or to remain in attendance until duly excused by the housing court from further attendance, the housing court may, if it is satisfied upon oath or by the return of the person charged with the service of the subpoena that the subpoena was duly served upon such person, and if no sufficient excuse for such failure seems to it to exist, issue a warrant signed by the housing court for the apprehension of such person, and such person shall thereupon be apprehended by any police officer to whom such warrant is delivered and shall be brought before the housing court to give his evidence or to produce the book or document.