Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)RulesLand Claims Court RulesPart G : Applications35A. Automatic Review |
| (1) | A magistrate making an order for eviction under the Extension of Security of Tenure Act must— |
| (a) | allow not less than 15 days for the review process in determining the date for vacation of the land and the date on which the eviction order may be carried out, unless the urgency of the matter justifies a shorter period; |
| (b) | forthwith transmit to the Court the record of the proceedings and his or her reasons for the order; and |
| (c) | inform the parties to the proceedings who were present when the order was applied for or when the order was made that the record of the proceedings will be transmitted to the Court for automatic review. |
| (2) | Before deciding a matter coming before it on automatic review, the Court may— |
| (a) | seek further information from the magistrate; |
| (b) | afford any party an opportunity to deliver submissions or further submissions on specific issues; or |
| (c) | set the matter down for oral argument before the Court. |
| (3) | After a review has been decided, the Registrar must return the record of the proceedings to the magistrate. |