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The Land Court Act, 2023 (Act No. 6 of 2023)

Chapter 1 : Definitions, Purpose and Objects

1. Definitions

 

In this Act, unless the context indicates otherwise—

 

‘‘claim’’

means—

(a) any claim for restitution of a right in land lodged with the Commission; or
(b) any application lodged with the registrar of the Court for the purpose of claiming restitution of a right in land, in terms of the Restitution of Land Rights Act;

 

‘‘claimant’’

means any person who has lodged a claim in terms of the Restitution of Land Rights Act;

 

‘‘Commission’’

means the Commission on Restitution of Land Rights established by section 4 of the Restitution of Land Rights Act;

 

‘‘Constitution’’

means the Constitution of the Republic of South Africa, 1996;

 

‘‘Court’’

means the Land Court established by section 3;

 

‘‘day’’

means a day that is not a public holiday, Saturday or Sunday;

 

‘‘dispute’’

means a dispute arising from a matter in respect of which the Court has jurisdiction, and includes an alleged dispute;

 

‘‘full court’’

means a court consisting of three judges of the Court;

 

‘‘High Court’’

means the High Court of South Africa referred to in section 6(1) of the Superior Courts Act;

 

‘‘Judicial Service Commission’’

means the Judicial Service Commission contem-plated in section 178 of the Constitution;

 

‘‘Magistrate’s Court’’

means any court established in terms of section 2 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944);

 

‘‘Minister’’

means the Cabinet member responsible for the administration of justice;

 

‘‘prescribed’’

means prescribed by regulation;

 

‘‘President’’

means the President of the Republic;

 

‘‘registrar’’

means the registrar of the Court contemplated in section 11, and includes the assistant registrar;

 

‘‘Restitution of Land Rights Act’’

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

 

‘‘rules’’

means the applicable rules of the Court;

 

‘‘Rules Board’’

means the Rules Board for Courts of Law established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985);

 

‘‘Superior Courts Act’’

means the Superior Courts Act, 2013 (Act No. 10 of 2013); and

 

‘‘this Act’’

includes any regulation.