Repossessing certain goods from farmers
25 Repossessing certain goods from farmers
Where —
goods consisting of a harvester, binder, tractor, plough or other agricultural implement or a motor truck, motor cycle, motor utility truck are comprised in a hire‑purchase agreement; and
the hirer is a farmer,
the period fixed by any notice of intention to take possession of the goods served under section 13(1) shall, notwithstanding the period specified in that subsection, be a period of not less than 30 days after the service of the notice.
The farmer may, within the period fixed by the notice, apply to the Magistrates Court for an order restraining the owner from taking possession of the goods.
If the court is satisfied that, within 12 months from the date of the application, the farmer will have a reasonable prospect of being able to pay all instalments due and owing on that date, the court may make an order restraining the owner from taking possession of the goods for such period not exceeding 12 months as the court fixes.
An order under subsection (3) may include such terms and conditions, including conditions as to payment of instalments, as the court thinks fit.
In this section, farmer means any person principally engaged in agriculture, pasturage, horticulture, viticulture, apiculture, poultry farming, dairy farming, or any other business consisting of the cultivation of soil, the gathering in of crops or the rearing of livestock.
[Section 25 amended: No. 107 of 1973 s. 21; No. 59 of 2004 s. 141.]
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