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Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996)

Rules

Labour Tenancy Arbitration Rules

10. Where a party does not appear at the hearing

 

 

(1) If the applicant appears at the hearing, but one of the other parties does not, the arbitrator may continue without that party.

 

(2) If the applicant does not appear at a hearing, the arbitrator may dismiss the case or make any other order which he or she believes to be fair.

 

(3) The arbitrator may only act under subrule (1) or (2) if the absent party received adequate notice of the hearing.

 

(4) The judge may —
(a) cancel (rescind) a determination given by the arbitrator after he or she has acted under subrule (1); or
(b) reinstate a case dismissed after the arbitrator has acted under subrule (2)

and order that the case be heard anew by that arbitrator or appoint another arbitrator to do so.

 

(5) The judge will only act under subrule (4) if the absent party proves that he or she
(a) was absent for good reason; and
(b) has a reasonable chance of success in the case.