| (1) |
Upon receipt of a determination made by an arbitrator under the Land Reform (Labour Tenants) Act, the Registrar must— |
| (a) |
ascertain whether all parties have been furnished with a copy of the determination and with a notice informing them of their rights in relation to any appeal against, review or technical variation of the determination, in accordance with the provisions of the Labour Tenancy Arbitration Rules; |
| (b) |
to the extent that there was not full compliance with the Labour Tenancy Arbitration Rules, take the necessary steps to achieve full compliance. |
| (2) |
Each party to the arbitration proceedings must, within fifteen days after receiving the determination and the notice referred to in subrule (1) (a), deliver— |
| (a) |
a notice stating that he or she accepts the determination as it stands; |
| (b) |
a notice stating that he or she accepts the determination, but requests that technical variations be made to it, the details of and reasons for which must be contained in the notice; |
| (c) |
a notice of motion under rule 35(1), if he or she intends to bring the determination under review; or |
| (d) |
a notice of appeal under rule 70(1), if he or she intends to appeal against the determination. |
| (3) |
A party that fails to deliver any notice as contemplated in subrule (2) will be deemed to have accepted the determination. |
| (4) |
If any party delivers a notice in terms of subrule (2) (c) or (d), the matter must be dealt with in terms of rule 35 or rule 70, as the case may be. |
| (a) |
upon expiry of the fifteen-day period referred to in subrule (2), if no review proceedings or appeal have been initiated; |
| (b) |
upon the withdrawal of any review proceedings under subrule (2)(c); |
| (c) |
upon the lapsing or withdrawal of any appeal under subrule (2) (d); or |
| (d) |
at the hearing of any review proceedings or appeal, |
present to the presiding judge—
| (ii) |
any record which might have been kept of the proceedings; |
| (iv) |
any notices submitted in terms of subrule (2) (a) or (b), |
to the extent that such documents are not already before the Court.
| (6) |
The Court may, upon receipt of the documents, and after the hearing of any review proceedings or appeal— |
| (a) |
make the determination an order of the Court, as it stands; |
| (b) |
order that technical variations be made to the determination which the Court considers appropriate (which variations must be specified in the order), unless reasons to the contrary are given by any party by not later than a date to be determined by the Court; or |
| (c) |
if it concludes that there has been an irregularity in the proceedings before the arbitrator which cannot be remedied by a technical variation, |
| (i) |
refer the case back to the arbitrator with directions regarding the rehearing of the matter which it considers appropriate; |
| (ii) |
set aside the proceedings before the arbitrator and appoint a new arbitrator to hear the case afresh in accordance with its directions; or |
| (iii) |
set aside the proceedings before the arbitrator and order that the case be reheard by the Court in accordance with its directions; and |
| (d) |
make any order which it considers just in respect of costs. |
| (7) |
Where section 97(1) of the Deeds Registries Act applies, no order must be made under subrule (6) before a copy of the arbitrator's award and/or the contents of a proposed Court order have been furnished to the Registrar of deeds concerned for comment. |
| (8) |
The Registrar must furnish the parties to the arbitration proceedings with copies of any order as contemplated in subrule (6)(b), within sufficient time to allow them to deliver comments on the technical variations contained in the order. The comments must be in writing. Any facts upon which the party relies must be set out in one or more affidavits. The comments and supporting documents (if any) must be delivered by no later than noon on the day preceding the return day fixed by the Court under subrule (6) (b). |
| (9) |
Unless the presiding judge orders otherwise, the matter will be dealt with in chambers on the return day and no party is entitled to be present or to present further argument on the return day. |
| (10) |
On the return day the presiding judge may — |
| (a) |
confirm the order made in terms of subrule (6) (b) with the technical variations specified in it; or |
| (b) |
discharge the order made in terms of of subrule (6) (b), and |
| (i) |
confirm the determination of the arbitrator without any variations; or |
| (ii) |
make a new order with the technical variations which the presiding judge considers appropriate, taking into account the facts, if any, and comments submitted in terms of subrule (8). |
Older Persons Act, 2006
