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Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)

Rules

Land Claims Court Rules

Part C : Parties

15. Substitution of Parties

 

(1) If a party—
(a) has died or ceased to be capable of litigating, his or her executor, curator or trustee may be substituted for that party;
(b) is a statutory body which has by law been succeeded by another statutory body, the latter body may be substituted for that party; or
(c) is a provisional communal property association whose assets have been transferred to a communal property association in terms of section 8 (6) (f) of the Communal Property Associations Act, 1996 (Act No 28 of 1996), that latter association may be substituted for that party.

 

(2) Unless the Court orders otherwise, a substitution under subrule (1) is effected by the delivery of a notice of substitution by that executor, curator, trustee, statutory body or communal property association.

 

(3) The Court may, on application by any party delivered within ten days of receipt of a notice in terms of subrule (2)—
(a) set aside, vary or confirm any substitution thus effected, and
(b) make such order as to postponement or as to costs or otherwise as it considers just.

 

(4) Any party may, upon application to the Court and by order of the Court (which may include an order as to costs), be substituted by any other party.