| (1) | Notwithstanding anything to the contrary contained in this Act, any person who or the representative of any community which is entitled to claim restitution of a right in land and has lodged a claim not later than 30 June 2019 may apply to the Court for restitution of such right: Provided that leave of the Court to lodge such application shall first be obtained if— |
| (a) | an order has been made by the Court in terms of section 26(3) of the Land Court Act, 2023, in respect of a right relating to that land; or |
| (b) | a notice has been published in the Gazette in terms of section 12(4) or 38D(1) in respect of that land and the period specified in the said notice has expired. |
[Section 38B(1)(a) substituted by section 7 of The Land Court Act, 2023, Laws Amended Schedule, Notice No. 3744, GG49372, dated 27 September 2023]
| (3) | The regional land claims commissioner may at any stage after the lodgement of an application contemplated in subsection (1) suspend the investigation of any claim lodged in terms of section 10 in respect of the land in question until— |
| (a) | the Court has ordered that the suspension be lifted; or |
| (b) | the application has, in accordance with the rules, been withdrawn, |
and the applicant has informed the regional land claims commissioner accordingly.
| (4) | The Court may at any stage of the proceedings order that all claims lodged in terms of section 10 in respect of the land in question be transferred to the Court, whereupon the regional land claims commissioner shall forward without delay all documents in his or her possession pertaining to such claims to the registrar. |
| (5) | Where all interested parties have reached agreement as to how the claim should be finalised, the Court may make the agreement an order of the Court. |
| (6) | After hearing the application, the Court may— |
| (a) | make any order in terms of section 35; |
| (b) | dismiss the application; |
| (c) | transfer all the claims before the Court in respect of the land in question to the regional land claims commissioner: Provided that the regional land claims commissioner shall not by virtue of such transfer be obliged to give priority to any claim so transferred; |
| (d) | make no order thereon but grant leave for the applicant to renew the application on the same papers supplemented by such further affidavits and documents as the case may require. |
