Draft Rules for Land Court Published for Comment
Brought to you by SA Legal Academy: In terms of the Land Court Act, No. 6 of 2023, the Rules Board for Courts of Law has published draft rules for the Land Court for public comment.
The draft rules, published by the Department of Justice & Constitutional Development, are intended to regulate proceedings in the newly established Land Court. Although not explicitly stated in the notice, these rules appear to amend and replace the existing procedural framework for the former Land Claims Court, which has been in place since 1997.
The proposed rules also incorporate specific sections of the Uniform Rules of Court to ensure procedural consistency. Key features of the draft include:
- Procedures for the commencement of actions and applications within the Land Court’s jurisdiction;
- Integration of standard High Court procedural norms through the adoption of Uniform Rules; and
- Updated requirements for the filing of documents and the conduct of hearings.
Stakeholders and legal practitioners are invited to submit written comments on the draft rules by no later than 27 February 2026.
What this means for you, your business, or your clients
- For yourself: You must review the draft rules to identify how the incorporation of the Uniform Rules of Court will alter your current litigation strategy in land-related matters.
- For your business: Legal practices must prepare to update internal compliance checklists and litigation templates to align with the Land Court Act, No. 6 of 2023 once these rules are finalised.
- For your clients: Clients involved in land tenure or restitution disputes should be informed of the upcoming procedural changes which may impact the speed and standardisation of their court cases.
Originally published at https://legalacademy.co.za/news/read/land-court-input-sought-on-draft-rules