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

Rules

Land Claims Court Rules

Part J : Hearings

55. Date of Hearing

 

(1) The presiding judge will, at the request of any party, and may, of his or her own accord, determine a date, time and venue or venues for the hearing of a case, if he or she is of the opinion that the case is sufficiently advanced to make the determination of a hearing date appropriate.

 

(2) In deciding whether a case is sufficiently advanced to make the determination of a hearing date appropriate, the presiding judge may assume that any party that is under bar in respect of the delivery of an answering affidavit, response or plea, will not be delivering such document.

 

(3) The Registrar must send a notice of the time, date and venue or venues determined by the presiding judge for the hearing of a case to all parties, except those present at any conference during which the determination was made.

 

(4) A notice of set-down containing the time, date and venue or venues of any hearing, must be delivered by the applicant or plaintiff within ten days of being informed (at a conference or by the Registrar) of the date.

 

(5) No case may be postponed after a date of hearing has been allocated, except with leave of the Court.

 

(6) It is the duty of the applicant or plaintiff to inform the Registrar immediately after a settlement has been reached or a case has been withdrawn.