Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)

Rules

Land Claims Court Rules

Part l : Actions

48. Procuring Evidence
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(1) Any party that requires a person to give evidence at the hearing of a case where oral evidence is receivable, may sue out from the office of the Registrar one or more subpoenas for service by the sheriff. Each subpoena may contain the names of not more than four persons, and must be based on form 14 in Schedule 1.

 

(2) If any person has in his or her possession or control any document, tape recording or thing which the party requiring his or her attendance wants to be produced in evidence, the subpoena must specify such document, tape recording or thing and require him or her—
(a) to hand it over as soon as possible to the Registrar or to the secretary of the presiding judge; and
(b) to produce it at the hearing.

After the document, tape recording or thing has been handed over, the parties may inspect it and make copies or transcriptions thereof. Thereafter, the person is entitled to its return, subject to his or her obligation to produce it at the hearing.