Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)Chapter III : The Land Claims Court28K. Scope and execution of process of Court |
| (1) | The process of the Court shall run through its sentences, rulings, judgments, writs, summonses, orders, warrants, commands and other processes shall be executed in any area in like manner as if they were processes of the provincial division of the Supreme Court having jurisdiction in such area. |
| (2) | A sheriff or a deputy sheriff of the Supreme Court appointed for the area in which any process is to be served, shall execute all sentences, rulings, judgments, writs, summonses, orders, warrants, commands and other processes of the Court directed to him or her and any reference in this Act to a sheriff or a deputy sheriff shall be deemed to be a reference to a sheriff or deputy sheriff of the Supreme Court acting in terms of this section. |
| (3) | A sheriff or deputy sheriff performing his or her duties in terms of this Act shall have all the powers and rights and be subject to all the obligations and duties applicable to the execution by such sheriff or deputy sheriff of the process of the provincial division of the Supreme Court for which he or she is appointed. |
| (4) | The return of a sheriff or a deputy sheriff of what has been done in connection with any process of the Court, shall be prima facie evidence of the matters therein stated. |
| (5) | A refusal by the sheriff or any deputy sheriff to do any act which he or she is, in terms of this Act, empowered or obliged to do, shall be subject to review by the Court on application ex parte or on notice as the circumstances may require. |
| (6) | Any warrant or other process for the execution of a judgment given or order issued against any association of persons, corporate or unincorporated, partnership or firm may be executed by attachment of the property or assets of such association, partnership or firm. |
[Section 28K inserted by section 15 of Act No. 78 of 1996]