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Table of Contents
Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)
Notice No. 2011 of 1994
Act
Preamble
Chapter 1 : Introductory Provisions
1. Definitions
2. Entitlement to restitution
3. Claims against nominees
Chapter II : Commission on Restitution of Land Rights
4. Establishment of Commission on Restitution of Land Rights
5. Meetings of Commission
6. General functions of Commission
7. Delegation of powers and performance of functions
8. Performance of work of Commission
9. Appointment of persons or organisation to assist Commission on ad hoc basis
10. Lodgement of claims and representation of community
11. Procedure after lodgement of claim
11A. Withdrawal or amendment of notice of claim
12. Commission's power of investigation
13. Mediation
14. Referral of claims to Court
15. [Repealed]
16. Rules regarding procedure of Commission
17. Offences and penalties
18. Limitation of liability
19. Expenditure of Commission
20. Annual estimates of expenditure
21. Annual report
[Deleted] Chapter III : The Land Claims Court
22. Land Claims Court
22A. Transitional arrangements
23. [Repealed]
24. [Repealed]
25. Holding of office
26. [Repealed]
26A. [Repealed]
27. Appointment of assessors
28. Seat and hearings of Court
28A. Seals of Court
28B. Proceedings to be conducted in open court
28C. Reference of particular matters for investigation by referee
28D. No proocess to be issued against judge of Court except with consent of court
28E. Judgment by default
28F. Manner of securing attendance of witnesses or production of any document or thing in proceedings before Court
28G. Manner in which witnesses may be dealt with on refusal to give evidence or produce any document or thing
28H. Examination by interrogatories of persons whose evidence is required in proceedings before Court
28I. Appointment of officers of Court
28J. Finances and accountability
28K. Scope and execution of process of Court
28L. Offences relating to execution
28M. Witness fees
28N. Powers of Court on hearing of appeals
28O. Application of provisions of this Chapter in respect of performance by Court of its functions under other legislation
29. Intervention to proceedings before Court, right to appear and legal representation
30. Admissibility of evidence
31. Pre-trial conference
32. Rules governing procedure
33. Factors to be taken into account by Court
34. Ruling by Court on restoration before final determination of claim
35. Court orders
35A. Mediation
36. Review of decisions of Commission
37. Appeals from Court
38. Decisions of Court a matter of public record
Chapter IIIA : Direct Access to Court
38A. Definitions
38B. Application to Court for restitution of right in land
38C. Reports by regional land claims commissioner or Director-General
38D. Time limit for applications for leave to intervene under certain circumstances
38E. Additional powers of Court
Chapter IV : Miscellaneous Provisions
39. Register of public land
40. Regulations
41. Repeal of laws, and savings
42. Transfer duty and fees
42A. Registration of land in name of claimant
42B. Certain laws not applicable in respect of land restored or awarded
42C. Financial aid
42D. Powers of Minister in case of certain agreements
42E. Acquisition of land, portion of land or right in land for land reform purposes
43. Short title and commencement
Regulations
Determination of the Remuneration and Conditions of Employment of Judges of the Land Claims Court
Notice No. R. 111 of 1996
Definitions
Remuneration
Gratuity payable to Judges after vacation of office
Leave
Medical Scheme
Transport and other allowances
Making available of motor vehicles to a Judge
Applicability of Determination
Rules
Land Claims Court Rules
Notice No. R.300 of 1997
Part A : Interpretation
1. Name and Application
2. Definitions
Part B : Organisation
3. Court Terms
4. Registrar's Office
5. Court Fees
6. Destruction of Documents
Part C : Parties
7. Representation of Parties
8. Termination of Authority to Act
9. Assistance to Unrepresented Parties
10. Cases by and against Partnerships, Trusts, Organisations, Associations and Communities
11. Joinder of alleged Office Bearers or Member of Entities
12. Joinder of Parties and Causes of Action
13. Intervention of Persons
14. Admission of an Amicus Curiae
15. Substitution of Parties
16. Security for Costs
Part D : Documents
17. Process by which cases are initiated
18. Filing Notices
19. Preparation and Filing of Documents
20. Translations
21. Authentication of Documents
22. Amendment of Documents
Part E : Cases
23. Initiation of Cases
24. Service of Process
25. Notice of Appearance
26. Right to Participate in Cases
27. Withdrawal of Cases
Part F : Procedure
28. Practice and Procedure of the Court
29. Allocation of a Case to a Judge
30. Conferences
31. Offer to Settle
32. Non-compliance with Rules
Part G : Applications
33. Applications in General
34. Urgent Applications
35. Applications for Review
35A. Automatic Review
36. Applications that Land shall not be restored
37. Applications for Interlocutory Orders
Part H : Referrals
38. Referrals under The Restitution of Land Rights Act
39. Information and Documents to be submitted by the Commission
40. Referrals under The Land Reform (Labour Tenants) Act
41. Information and Documents to be submitted by the Director-General
42. Referrals by Arbitrators under The Land Reform (Labour Tenants) Act
43. Referrals of Eviction Cases to Arbitration
Part l : Actions
44. Actions in General
45. Further Particulars
46. Discovery of Documents
47. Use of Documents, Plans, Diagrams, Photographs or Models
48. Procuring Evidence
49. Expert Evidence
50. Adducing Evidence at a Hearing
51. Interpretation of Evidence
52. Site Inspections
53. Presenting Argument to the Court
53A. Direct Access to the Court
Part J : Hearings
54. Hearing in Chambers
55. Date of Hearing
56. Collation and Index of Documents
57. Prior Adjudication upon issues of Law or Fact
58. Hearing where a party is in default
59. Heads of Argument
Part K : Orders
60. Orders in General
61. Orders for Costs
62. Orders on Settlement
63. Waiver of Orders
64. Variation and Rescission of Orders
65. Suspension of Orders
Part L : Execution
66. Taxation of Costs
67. Execution of Orders
68. Superannuation
Part M : Appeals
69. Appeals to the Supreme Court of Appeal and Constitutional Court
70. Appeals against Determinations by Arbitrators
71. Appeals from Courts
Part N : Pending Cases
72. Application of Rules
73. Transfer of Cases
Schedules
Schedule 1
Schedule 2 : Tariff of Court Fees
Part N : Pending Cases
Purchase
72. Application of Rules
73. Transfer of Cases
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