Older Persons Act, 2006
R 385
Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)Chapter III : The Land Claims Court34. Ruling by Court on restoration before final determination of claim |
| (1) | Any national, provincial or local government body may, in respect of land which is owned by it or falls within its area of jurisdiction, make application to the Court for an order that the land in question or any rights in it shall not be restored to any claimant or prospective claimant. |
| (2) | Notice of any such application shall be given to the Commission, which shall investigate and submit a report to the Court on the desirability of making an order referred to in subsection (1): Provided that the provisions of sections 12 and 13 shall not be so construed that it prohibits the Commission from exercising the powers conferred by those sections for the purposes of such investigation. |
[Section 34(2) substituted by section 24(a) of Act No. 63 of 1997]
| (3) | Any party making an application to the Court in terms of subsection (1) shall, at its own expense, take such steps as the relevant regional land claims commissioner (or in the case of proceedings in terms of Chapter IIIA, the Court) may direct in order to bring the application to the attention of other persons who may have an interest therein, in order that they may make submissions to and appear before the Court on the hearing of the application. |
[Section 34(3) substituted by section 24(a) of Act No. 63 of 1997]
| (4) | The regional land claims commissioner concerned shall take such further steps as he or she deems appropriate to bring the application to the attention of persons who may have an interest. |
| (5) | After hearing an application contemplated in subsection (1), the Court may— |
| (a) | dismiss the application; |
| (b) | order that when any claim in respect of the land in question is finally determined, the rights in the land in question, or in part of the land, or certain rights in the land, shall not be restored to any claimant; |
| (c) | make any other order it deems fit. |
[Section 34(5) substituted by section 24(b) of Act No. 63 of 1997]
| (6) | The Court shall not make an order in terms of subsection (5)(b) unless it is satisfied that— |
| (a) | it is in the public interest that the rights in question should not be restored to any claimant; and |
| (b) | the public or any substantial part thereof will suffer substantial prejudice unless an order is made in terms of subsection (5)(b) before the final determination of any claim. |
| (7) | [Section 34(7) deleted by section 19 of Act No. 78 of 1996] |
| (8) | Any order made in terms of subsection (5)(b) shall be binding on all claimants to the rights in question, whether such claim is lodged before or after the making of the order. |
| (9) | Unless the Court orders otherwise, the applicant shall not be entitled to any order for costs against any other party. |
[Section 34(9) inserted by section 24(c) of Act No. 63 of 1997]
