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

Rules

Land Claims Court Rules

Part M : Appeals

69. Appeals to the Supreme Court of Appeal and Constitutional Court

 

(1) A party that wishes to appeal against an order of the Court must apply to the Court for leave to appeal—
(a) orally at the time when the order is made by the Court, in which event that party must at the same time deal with the matters referred to in subrule (2); or
(b) by notice of application for leave to appeal delivered within fifteen days—
(i) after the order was made; or
(ii) after full reasons for the order were given, if the reasons were given on a later date.

 

(2) The notice referred to in subrule (1) (b) must specify—
(a) the findings of fact and law appealed against;
(b) whether the whole or part only of the order is appealed against, and if part only, which part;
(c) the grounds on which leave to appeal is sought; and
(d) the court to which leave to appeal is sought.

 

(3) The application referred to in subrule (1) (b) must be heard—
(a) by the judge or judges who were members of the Court at the hearing, or if the judge is or judges are not available, by a judge or judges appointed by the President for that purpose; and
(b) on a date set by the judge or judges who will be hearing the application.

The Registrar will inform the parties of the date.

 

(4) The Court may direct that reasons for granting or refusing leave to appeal will only be given on request by any of the parties. A request for reasons must be filed within ten days after leave to appeal was granted or refused.