12 The following order is made 1 It is declared that B 11 The persons who have

12 the following order is made 1 it is declared that

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[12] The following order is made: 1. It is declared that: B 1.1 The persons who have a right to security of tenure in terms of the Extension of Security of Tenure Act 62 of 1997 and the Land Reform (Labour Tenants) Act 3 of 1996, and whose security of tenure is threatened or has been infringed, have a right 1 2 3 4 5 6 7 8 9 © 2018 Juta and Company (Pty) Ltd. Downloaded : Mon Feb 17 2020 13:48:22 GMT+0200 (South Africa Standard Time)
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to legal representation or legal aid at State expense if substantial injustice would otherwise C result, and if they cannot reasonably afford the cost thereof from their own resources. 1.2 The State is under a duty to provide such legal representation or legal aid through mechanisms selected by it. D 1.3 The cases in which substantial injustice could result include, but are not limited to, cases where 1.3.1 the potential consequences for the person concerned are severe, which will be so if the person concerned might be deprived of a home and will not readily obtain suitable alternative accommodation; and E 1.3.2 the person concerned is not likely to be able effectively to present his or her case unrepresented, having regard to the complexity of the case, the legal procedure, and the education, knowledge and skills of the person concerned. F 1.4 Legal aid or legal representation need not be provided in cases where there is no reasonable or probable cause. 1.5 The State or its agent is entitled to adopt a screening process to establish whether the person concerned is entitled to legal aid or legal representation, before granting such aid or representation. G 2. The Minister of Justice and the Minister of Land Affairs are directed to take all reasonable measures to give effect to this order, so that people in all parts of the country who have rights as set out in this order, are able to exercise those rights effectively. H Gildenhuys AJ concurred. Applicant's Attorneys: Legal Resources Centre , Johannesburg. 1 Act 62 of 1997, as amended. 2 Act 3 of 1996, as amended. 3 Act 108 of 1996. 4 Section 34 of the Constitution reads: 'Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum.' 5 1988 (1) SA 191 (T). 6 Above at 195B. 7 Above at 196F ­ J. 8 S v Khanyile and Another 1988 (3) SA 795 (N) at 800C ­ D; S v Rudman; S v Johnson; S v Xaso; Xaso v Van Wyk NO and Another 1989 (3) SA 368 (E) at 381G ­ 382D; S v Mthwana 1989 (4) SA 361 (N) at 371D ­ F. 9 S v Mabaso and Another 1990 (3) SA 185 (A) at 203G. A © 2018 Juta and Company (Pty) Ltd. Downloaded : Mon Feb 17 2020 13:48:22 GMT+0200 (South Africa Standard Time)
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