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

Rules

Land Claims Court Rules

Part H : Referrals

41. Information and Documents to be submitted by the Director-General

 

When the Director-General refers any application or agreement to the Court as envisaged in rule 40(1), he or she must submit the following information and documents to the Court, where relevant—

(a) in respect of each applicant and owner—
(i) his or her full name;
(ii) his or her physical and postal addresses, including, where available, telephone and facsimile numbers; and
(iii) if he or she is represented by a legal representative, the name and address of the legal representative and also, where available, telephone and facsimile numbers;
(b) a complete title description and copies of the title deeds (if they exist) of—
(i) the land claimed; or
(ii) any property or properties of which the land claimed forms part,

where the land or property is held under a title which is registered in any government registration office;

(c) where the land claimed is not held under separate title, a description of the land sufficient to identify it;
(d) the magisterial or administrative district where the land claimed is situated;
(e) a list containing the full name and address of every person—
(i) who has any right, whether registered or not, in the land claimed; and
(ii) whose rights or interests may be affected by the application,

together with information on what steps were taken to ensure that the list is complete;

(f) copies of all notices and any other documents—
(i) referred to in sections 17 and 18 of the Land Reform (Labour Tenants) Act; or
(ii) summarising the facts and the law which the parties rely on;
(g) any joint nomination which may have been made by the persons concerned as to who should be appointed as the arbitrator in the matter; and
(h) where a settlement agreement for the resolution of any claim has been concluded, also—
(i) the settlement agreement;
(ii) where the settlement agreement was signed on any party's behalf, proof that the signatory was duly authorised to sign; and
(iii) a certificate from the Director-General indicating whether or not he or she is satisfied that the settlement is reasonable and equitable.