Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)RulesLand Claims Court RulesPart G : Applications37. Applications for Interlocutory Orders |
| (1) | The Court may, on application by any party or of its own accord— |
| (a) | make an interlocutory order in a pending case; |
| (b) | make orders relating to any previous order which has not been fully or timeously complied with; |
| (c) | give directions in respect of procedure or evidence; or |
| (d) | upon good cause shown, amend or supplement any directions previously given. |
| (2) | Formal applications for interlocutory orders in pending cases— |
| (a) | must be brought on notice supported by affidavits if the matter so requires; and |
| (b) | must be set down for a time and date and at a venue to be determined by the presiding judge; the party bringing the application may request the presiding judge to do that before or after filing of the notice of application. |
| (3) | Every notice of application for an interlocutory order must— |
| (a) | set out the relief claimed; |
| (b) | give the time, date and venue for the hearing if it has already been determined; and |
| (c) | be delivered not later than fifteen days before the date of hearing, if that date has already been determined. |
| (4) | Any party may deliver an answering affidavit within five days after a formal application for an interlocutory order has been received by it. |
| (5) | The applicant may deliver a replying affidavit within five days after an answering affidavit has been received by it. |
| (6) | If the notice of application for an interlocutory order does not contain the time, date and venue for the hearing, it must be contained in a separate notice of set down, which must be delivered after the answering and replying affidavits (if any) have been delivered, and not later than five days before the date of hearing. |