Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)RulesLand Claims Court RulesPart l : Actions50. Adducing Evidence at a Hearing |
| (1) | The obligation to adduce evidence first at the hearing of an action rests upon the plaintiff, unless the Court determines otherwise. |
| (2) | The witnesses at the hearing of an action must give oral evidence. The Court may, for sufficient reason, order that evidence may be adduced on affidavit, on terms and conditions which it considers just: Provided that where it appears to the Court that any party reasonably requires the attendance of a witness for cross-examination, and that witness can be produced, his of her evidence must not be adduced on affidavit. |
| (3) | Any witness who is not a party in a case— |
| (a) | may not be in the courtroom until after he or she has given evidence; and |
| (b) | must remain in the vicinity of the courtroom while he or she is not giving evidence, until he or she is excused by the Court, |
unless the Court orders otherwise.
| (4) | Subject to subrule (5), after a party has adduced evidence, all other parties have the right to adduce rebutting evidence on any issue in regard to which the onus rests on the first-mentioned party. |
| (5) | A party may not, without leave of the Court, adduce rebutting evidence on any issue contemplated in subrule (4) when he or she has already adduced evidence thereon, before he or she closes his or her case. |
| (6) | Every witness called by a party may be cross-examined by all other parties, and re-examined by the party that called the witness. A witness called by the Court may be cross-examined by the parties. |
| (7) | Where a party is represented, every witness may be examined, cross-examined and re-examined, as the case may be, by only one legal representative of that party, although not necessarily the same legal representative. |
| (8) | The Court may refuse to allow any evidence or cross-examination which, in the opinion of the Court, is irrelevant, argumentative, unnecessary, repetitive, vexatious or not conducive to a decision on the issues in the case. |
| (9) | All oral evidence must be recorded. |