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

Rules

Land Claims Court Rules

Part G : Applications

33. Applications in General

 

(1) Every application must be initiated by notice of motion based on form 1 of Schedule 1 to these rules, and must be supported by an affidavit or affidavits as to the facts upon which the applicant relies together with copies of all documents that may be required to substantiate the facts.

 

(2) Where relief is claimed against any party, or where it is necessary or proper to give a party notice of the application, the notice of motion must be addressed to the Registrar and to every such party. Otherwise, the notice of motion must be addressed to the Registrar only.

 

(3) Every application brought ex parte must be filed with the Registrar. The Registrar must thereafter inform the applicant of the time, date and venue or venues for the hearing.

 

(4) Any party opposing the grant of an order sought in the notice of motion—
(a) must file a notice of appearance as prescribed in rule 25(1);
(b) may within fifteen days of receipt of a notice listing the participating together with any relevant documents; and
(c) must, if he or she intends to raise a question of law only, deliver within the time stated in sub-paragraph (b) a notice to that effect, setting out the question of law.

 

(5) The applicant may, within ten days of receipt of any answering affidavit, deliver a replying affidavit, together with any relevant documents.

 

(6) The Court may, in its discretion, permit the delivery of further affidavits.

 

(7) Any party in a case brought by way of application may, together with the delivery of his or her answering affidavit, bring a counter-application against the applicant. The provisions of these rules with regard to applications (including all prescribed time limits) will apply mutates mutandis to counter-applications.

 

(8) Where an application cannot properly be decided on affidavit, the Court may dismiss the application or make any other order with a view to ensuring a just and expeditious decision. Without limiting this discretion, the Court may, on such conditions as it may determine—
(a) order that oral evidence be heard on specific issues with a view to resolving any dispute of fact; and
(b) order any deponent to appear personally or grant leave for him or her or any other person to be subpoenaed to appear and be examined and cross-examined as a witness; or
(c) refer the matter to trial with appropriate directions on further procedure.

 

(9) The Court, after hearing an application, whether brought ex parte or otherwise, may decide to make no order thereon (save as to costs if any) but to grant leave for the applicant to renew the application on the same papers supplemented by such further affidavits and documents as the case may require.

 

(10) The Court may, on application, order to be struck from any affidavit any matter which is scandalous, vexatious or irrelevant, with an appropriate order as to costs, including costs as between attorney and client. The Court must not grant the application unless it is satisfied that the applicant will be prejudiced in his or her case if it is not granted.