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

Rules

Land Claims Court Rules

Part D : Documents

17. Process by which cases are initiated

 

(1) Upon receipt of the process by which a case is initiated, the Registrar must allocate a consecutive number for the year concerned.

 

(2) The original process by which the case is initiated must, when filed—
(a) bear the revenue stamps prescribed in rule 5(1); and
(b) be signed by the party issuing the process or his or her legal representative.

 

(3) Every copy of that process must, when served on a party—
(a) bear the number allocated to the case;
(b) be signed by the party issuing the process or his or her legal representative; and
(c) have attached thereto notices based on forms 9 and 10 of Schedule 1, except in the case of service on—
(i) a legal representative (in his or her capacity as such);
(ii) the President of the Republic;
(iii) the government of the Republic;
(iv) a Minister of the government of the Republic;
(v) the legislature of any province;
(vi) the Premier of any province;
(vii) a member of the Executive Council of any province;
(viii) a transitional metropolitan council, a transitional metropolitan substructure, a transitional local council or a successor body to any of them;
(ix) an officer of the government of the Republic or of the government of any province, in his or her capacity as such;
(x) an organ of state;
(xi) an officer of an organ of state, in his or her capacity as such; or
(xii) the Commission.

 

(4) Every copy of process served on a Registrar of deeds pursuant to section 97(1) of the Deeds Registries Act must be accompanied by a notice to the Registrar of deeds—
(a) informing him or her what act in a deeds registry is involved; and
(b) inviting him or her to report to the Court thereon.