Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)RulesLand Claims Court RulesPart A : Interpretation2. Definitions |
| (1) | In these rules, unless inconsistent with the context— |
means a conference as envisaged in rule 30;
in the computation of any period of time expressed in days, means any day which is not a Saturday, Sunday or public holiday and which does not fall within the period 24 December to 2 January;
means the Deeds Registries Act, 1937 (Act No 47 of 1937);
in relation to any document means—
| (a) | to furnish a copy of that document to each party at the service address given by that party for the delivery of documents— |
| (i) | by hand delivery, for which an acknowledgement of receipt must be filed; |
| (ii) | by facsimile transmission, in respect of which the machine transmission slip must be filed, and to send a confirmation copy of the document within one day by ordinary mail or by any other suitable method; or |
| (iii) | by registered mail, for which a certificate of posting must be filed |
Provided that—
| (aa) | a document sent by facsimile transmission is deemed to have been received on the date of transmission, unless the contrary is proved; and |
| (bb) | a document sent by registered mail is deemed to have been received within ten days after the document has been posted in a properly addressed envelope by prepaid registered mail, unless the contrary is proved; and |
| (b) | to file the original document with the Registrar together with proof that copies were furnished in terms of paragraph (a); |
means a determination made by an arbitrator in terms of the Land Reform (Labour Tenants) Act, and includes the report and any annexures which accompany that determination;
means the Director-General of Land Affairs;
means the Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997), as amended;
means file with the Registrar;
means a business carried on by its sole proprietor under a name other than his or her own;
means a judge of the Court;
means the rules made by the President of the Land Claims Court under section 20(1) of the Land Reform (Labour Tenants) Act;
means the Land Reform (Labour Tenants) Act, 1996 (Act No 3 of 1996), as amended;
means—
| (a) | an advocate admitted in terms of section 3 of the Admission of Advocates Act, 1964 (Act No 74 of 1964), or similar legislation in force within the Republic or any part thereof; or |
| (b) | an attorney admitted in terms of section 15 of the Attorneys Act, 1979 (Act No 53 of 1979), or similar legislation in force within the Republic or any part thereof; |
of the Court includes a judgment or sentence of the Court;
in any case before the Court includes, subject to rule 26(3)—
| (a) | the person who initiates the case in the Court; |
| (b) | every person named, in the process by which the case is initiated, as a party— |
| (i) | against whom relief is claimed; |
| (ii) | whose rights may be affected by the relief claimed; or |
| (iii) | who may have an interest in the claim; |
| (c) | any person who becomes a party under any provision of these rules or by order of the Court; |
| (d) | any person granted leave by the Court to intervene in the case; |
| (e) | the Commission, in a matter referred to the Court by the Commission under section 6 or 14 of the Restitution of Land Rights Act; |
| (f) | the State, when it has exercised a right to be heard; |
| (g) | every person who participates in arbitration proceedings under the Land Reform (Labour Tenants) Act, in respect of a case emanating from those proceedings; |
and also the legal representative of any of the aforesaid persons, in his or her capacity as such;
means the President of the Court appointed in terms of section 22(3) or 22(7) of the Restitution of Land Rights Act;
means the Registrar of the Court, and includes an assistant registrar and an acting registrar;
means the Republic of South Africa;
means the Restitution of Land Rights Act, 1994 (Act No 22 of 1994), as amended;
means service effected—
| (a) | by the sheriff; |
| (b) | in a manner prescribed by an order of the Court: or |
| (c) | by hand delivery in the case of- |
| (i) | service on a party listed under rule 17 (3) (c); or |
| (ii) | service by a person contemplated in rule 24 (2) (ii) |
provided a signed receipt is obtained, as prescribed under these rules;
of any party means an address at which documents in a case may be furnished to that party, which—
| (a) | must be an address where any attorney representing the part), practices; or |
| (b) | in the case of a party not represented by an attorney, must be an address within eight kilometres of |
| (i) | the permanent seat of the Court; or |
| (ii) | the magistrate's court for the magisterial district where the land concerned is situated; and |
| (c) | must be a physical address and must include, where available, a postal address and a facsimile number for sending documents by facsimile transmission; and |
| (d) | must contain sufficient detail for the exact address to be found; |
means a sheriff or deputy sheriff of the Supreme Court, as envisaged in section 28K of the Restitution of Land Rights Act;
means a sworn translator admitted and enrolled in terms of rule 59 of the Uniform Rules;
means the rules regulating the proceedings of the several provincial and local divisions of the Supreme Court, published under Government Notice No R.48 of 12 January 1965, as amended.
| (2) | Words defined in the Restitution of Land Rights Act and in the Land Reform (Labour Tenants) Act have the same meaning where used in these rules, unless the context indicates otherwise. |
| (3) | Latin expressions used in these rules have the following meanings: |
means friend of the Court;
means out of his or her own pocket;
means by one party only;
means with the necessary changes in points of detail; and
means for the public weal.