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

Chapter III : The Land Claims Court

32. Rules governing procedure

 

(1) The President of the Court may make rules to govern the procedure of the Court, including rules providing for—
(a) any of the matters listed in paragraphs (a) to (s) of subsection (1) of section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), insofar as they are appropriate to the functions of the Court;
(b) the circumstances under which opinion and oral evidence may be submitted to the Court;
(c) the suspension or execution of judgements, orders or sentences of the Court pending—
(i) applications or petitions for leave to appeal; and
(ii) the prosecution of appeals;

[Section 32(1)(c) substituted by section 22 of Act No. 63 of 1997]

(cA) the practice and procedure of the Court in applications in terms of Chapter IIIA; and

[Section 32(1)(cA) inserted by section 22 of Act No. 63 of 1997]

(d) generally, any matter which may be necessary or useful to be prescribed for the proper despatch and conduct of the functions of the Court.

[Section 32(1) substituted by section 18 of Act No. 78 of 1996]

 

(2) The rules contemplated in subsection (1) shall be published in the Gazette.

 

(3) Notwithstanding anything to the contrary in this Act or in the rules contemplated in subsection (1)—
(a) the Court may, at any stage after a claim has been referred to it, refer the claim back to the Commission with directives as to matters which are to be investigated and reported on by the Commission; and
(b) the Court may conduct any part of any proceedings on an informal or inquisitorial basis.

 

(4) The rules contemplated in subsection (1) shall make provision for the expeditious hearing of an application in terms of section 34.