| (1) |
A claimant who wishes to lodge a claim directly with the Court in terms of section 38B of the Restitution of Land Rights Act must do so in accordance with this rule. |
| (2) |
A claimant must initiate the case by— |
| (a) |
a notice of motion in terms of rule 33; or |
| (b) |
a notice of action in terms of rule 44, |
depending on whether or not the claimant reasonably anticipates any dispute of fact.
| (3) |
The supporting affidavit or statement of claim must contain or have annexed thereto: |
| (i) |
an application, the evidence; or |
| (ii) |
an action, the averments necessary to make out a claim; |
| (b) |
if the claimant is a community, its— |
| (iii) |
a list of its office bearers and members, if any; |
| (c) |
particulars of the land to which the case relates, which must include— |
| (i) |
a complete title description (including the title deed number) of the land concerned, if the land is held under separate title registered in any government registration office; or |
| (ii) |
if the land is not held under separate title, a title description (including the title deed number) of the property or properties of which the land concerned forms part, together with a general description sufficient to identify the land; |
| (iii) |
a topographical or compilation map indicating the location of the land; and |
| (iv) |
the magisterial or administrative district in which the land is situated; |
| (d) |
a list containing the full names and addresses of every person whose rights may be affected or who may have an interest in the claim, including— |
| (i) |
any other person with an existing or potential claim to the land being claimed; and |
| (ii) |
the steps that were taken to ensure that the list is complete; |
| (e) |
evidence or averments on any factor which the Court has to consider under section 35 of the Restitution of Land Rights Act; |
| (f) |
sufficient particulars to enable the Court to make orders under section 35 (1), (2), (3), (4) or (6) of the Restitution of Land Rights Act, if any such orders are required or ought to be considered by the Court; |
| (g) |
details of any compensation or compensatory land received by the claimant on the dispossession of his or her right in the land; |
| (h) |
details of the relief claimed; and |
| (i) |
in the event of the persons concerned having reached an agreement as to how the claim should be finalised— |
| (ii) |
where the agreement was signed on any party's behalf, proof that the signatory was duly authorised thereto. |
| (4) |
A copy of the notice of motion or notice of action and all annexures thereto must be served on— |
| (a) |
the regional land claims commissioner; |
| (b) |
the Director—General; and |
| (c) |
all other persons on whom service is required in terms of the law or these rules. |
| (5) |
If the Director-General or the regional land claims commissioner— |
| (a) |
wishes to file a report in terms of section 38C of the Restitution of Land Rights Act, he or she must do so not later than 30 days after— |
| (i) |
the delivery of a replying affidavit or reply; or |
| (ii) |
the last day for filing such replying affidavit or reply, |
whichever is the earlier;
| (b) |
is ordered by the Court to file a report in terms of section 38C, he or she must do so in accordance with the Court's directions. |
| (6) |
No application or action under this rule may be set down for hearing before the time period referred to in subrule (5) (a) has expired. |
| (7) |
If the Court makes an order in terms of section 38B (4), the regional land claims commissioner must ensure that the documents in respect of each claim are separately paginated, indexed and filed under cover of a filing notice in terms of rule 18. |
Statistics Act, 1999
