Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)RulesLand Claims Court RulesPart G : Applications34. Urgent Applications |
| (1) | In urgent applications the Court may— |
| (a) | dispense with any provision of these rules, including those which prescribe the forms, service requirements and time limits for applications; and |
| (b) | dispose of the matter at a time and place and in a manner and in accordance with a procedure (which must as far as practicable be in accordance with these rules) as it considers just. |
| (2) | The applicant must set out in his or her founding affidavit the circumstances which he or she avers render the matter urgent and the reasons why he or she cannot obtain substantial redress at a hearing in due course. |
| (3) | The applicant may, through the Registrar— |
| (a) | approach the President for the appointment of a presiding judge; and |
| (b) | approach the presiding judge for directions on the form of the notice of motion, the service thereof, the time limits for delivery of answering and replying affidavits, the time, date and venue or venues for the hearing and the service or delivery of a notice of set down. |
| (4) | No directions given by the presiding judge in terms of subrule (3) will prevent a party from— |
| (a) | applying to the Court for an amendment of the directions or a postponement of the hearing; or |
| (b) | disputing the urgency of the case. |
| (5) | Subject to any directions given under subrule (3) (b) or to any order of the Court to the contrary, the further procedure for the hearing of an urgent application will be the same as for an application. |
| (6) | Any party against whom an order is granted ex parte may anticipate any return day upon delivery of not less than 24 hours' notice, unless the order provides otherwise. |