Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)RulesLand Claims Court RulesPart C : Parties16. Security for Costs |
| (1) | A party that is entitled in law to demand security for costs from any other party may, as soon as practicable after the commencement of the case, deliver a notice setting out the grounds upon which security is demanded and the amount of security required. |
| (2) | A party for whom legal aid was arranged by the Commission or to whom legal aid is rendered by a statutorily established legal aid board need not give security for costs, unless the Court orders otherwise. |
| (3) | If only the amount of security is contested, the Registrar must determine the amount and his or her decision will be final. |
| (4) | If the party from whom security is demanded fails or refuses to furnish security in the amount required or the amount fixed by the Registrar within ten days of the demand or the Registrar's decision, the party that demanded security may apply to Court for an order that such security be given and that proceedings in the case be stayed until that order is complied with. |
| (5) | The Court may, if an order that security be given is not complied with, dismiss the case or make another order as it considers just. |
| (6) | Security for costs must be given in the form, amount and manner directed by the Registrar, unless the Court orders otherwise, or the parties agree otherwise. |
| (7) | The Registrar may, on request of the party in whose favour security must be provided and on notice to the party having to give security, increase the amount thereof if he or she is satisfied that the amount originally furnished is no longer sufficient, and his or her decision shall be final. |