Cap. 20:29
LAND COMMISSION
No.12/2017
animals, vehicles and appliances as may be necessary for the purpose of any examination
of the holding or the fanning operations being conducted thereon or for ascertaining
whether or not the permit holder, holder of the offer letter or lessee is complying with
the tenus and conditions of his or her pemrit or lease:
(4) Nothing in this section contained shall be construed as authorising entry
into a dwelling-house.
(5) Any person who--
(a)
obstructs, hinders or prevents entry upon land as is authorised by
subsection (1); or
(b)
obstructs, hinders or prevents entry upon a farm in terms of subsection
(2); or
(c)
obstructs, hinders or prevents entry upon a holding in terms of subsection
(3); or
(d)
obstructs or hinders any person in the lawful exercise of his or her powers
or duties under this Act, whether in the course of an exercise of a power
of entry upon land in terms of tlris section or otherwise;
shall be guilty of an offence and liable to a fine not exceeding level five or to
imprisonment for a period not exceeding six months or to both such fine and such
imprisomnent.
61
Appeals
(1) Subject to this section, any person who is aggrieved by(a)
the decision of, or action or lack of action on the part of, the Cormnission
npon any dispute or complaint; or
(b)
such decision or action of the Commission as may be prescribed;
may, within twenty-eight days after being notified of the decision or action of the
Commission concemed, appeal in writing to the Minister, submitting with his or her
appeal such fee as may be prescribed, and such appeal shall suspend the operation of
any decision issued by the Commission.
(2) For the purpose of determining an appeal the Minister may require the
Commission to fumish him or her with the reasons for the decision or action that is the
subject of the appeal and a copy of any evidence upon which the reasons are based.
(3) The Mitrister, after due and expeditious inquiry, may make such order on
any appeal as he or she considers just:
Provided that if the appeal involves any question of law, or any question of
mixed law and fact, the Minister may consult with the Attorney-General and obtain
in writing from the Attorney-General an opinion conceming the legal aspects of the
appeal.
(4) An aggrieved party may seek judicial review of any decision of the Minister
on an appeal affecting him or her.
(5) Upon any review of the Minister's decision in terms of subsection (4), the
reviewing comt shall do one of the following(a)
uphold the Minister's decision on appeal; or
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