Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)RulesLand Claims Court RulesPart E : Cases23. Initiation of Cases |
| (1) | Every case before the Court must be initiated in one of the following manners— |
| (a) | a case which can properly be decided on affidavit may be brought on notice of motion, based on form 1 of Schedule 1 to these rules, as set out in rule 33 of these rules; |
| (b) | a review of any decision or act which is reviewable by the Court must be brought on notice of motion, based on form 2 of Schedule 1 to these rules, as set out in rule 35 of these rules; |
| (c) | an application under section 34 of the Restitution of Land Rights Act that land or any rights in land shall not be restored to any claimant or prospective claimant must be brought on notice of motion based on form 1 of Schedule 1 to these rules, as set out in rule 36 of these rules; |
| (d) | a case emanating from the referral of a matter to the Court by the Chief Land Claims Commissioner under section 14 of the Restitution of Land Rights Act must be brought on notice of referral, as set out in rule 38 of these rules; |
| (e) | a case emanating from a referral of a matter to the Court by the Director-General under the Land Reform (Labour Tenants) Act must be brought on notice of referral, as set out in rule 40 of these rules; |
| (f) | every other case except an appeal must be brought on notice of action based on form 8 of Schedule 1 to these rules, as set out in rule 44 of these rules; |
| (g) | an appeal against a determination by an arbitrator under the Land Reform (Labour Tenants) Act must be brought as set out in rule 70 of these rules; and |
| (h) | an appeal from the magistrate's court as envisaged in section 13 of the Land Reform (Labour Tenants) Act must be brought as set out in rule 71 of these rules. |
| (2) | No claim for the determination of compensation may be brought by way of notice of motion. |
| (3) | Applications for interlocutory orders in pending cases may be brought as set out in rule 37 of these rules. |