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

Rules

Land Claims Court Rules

Part D : Documents

18. Filing Notices

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(1) All documents must be filed under cover of a filing notice, except—
(a) process; and
(b) notices and documents which, in themselves, contain the requisites of a filing notice as set out in subrule (2).

 

(2) A filing notice must contain—
(a) the title of the case, which must—
(i) in referrals under section 14 or section 38B (4) of the Restitution of Land Rights Act, or in applications under section 34 of the Restitution of Land Rights Act, be "In the case of . . .", followed by the full names of the claimant and "concerning ...", followed by a general description of the land concerned;
(ii) in referrals by the Director-General under the Land Reform (Labour Tenants) Act, be "In the case of followed by the full names of the applicant, and "and followed by the full names of the respondent; and
(iii) in all other cases be "In the case of followed by the full names of the plaintiff or applicant and" and followed by the full names of the defendant or respondent:

Provided that where there is more than one plaintiff, applicant, claimant, defendant or respondent, only the name of the first must be given, followed by the words "and another" or "and others", as the case may be;

(b) the case number assigned by the Registrar;
(c) the name and signature of the party or of his or her legal representative filing the document;
(d) the service address of the party filing the document;
(e) the names of the parties to whom the document was delivered; and
(f) proof of delivery of the document, which proof may be endorsed on the filing notice or be contained in a separate document annexed to the filing notice.

 

(3) After a party has given a service address, that address will remain his or her service address until changed by delivery of a notice to that effect.