Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)RulesLand Claims Court RulesPart G : Applications36. Applications that Land shall not be restored |
| (1) | All applications 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 by way of notice of motion in accordance with rule 33, except where this rule provides otherwise. |
| (2) | Before bringing the application, the applicant must submit the papers to be filed in draft form to the Commission, whereupon the relevant regional land claims commissioner may direct what steps the applicant must take to bring the application to the attention of persons who may have an interest therein. |
| (3) | The application (in its final form) must be served— |
| (a) | on the Commission; |
| (b) | in accordance with any directives which the relevant regional land claims commissioner may have given under section 34(3) of the Restitution of Land Rights Act, as envisaged in subrule (2); and |
| (c) |
| (i) | on every person against whom relief is claimed or to whom it is necessary or proper to give notice of the application; or |
| (ii) | in such manner and on such persons as the Court may, upon application by the applicant with service on the regional land claims commissioner, have ordered. |
| (4) | Every presiding judge must give priority to applications under section 34 of the Restitution of Land Rights Act in determining dates of hearing. |