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

Chapter IIIA : Direct Access to Court

38D. Time limit for applications for leave to intervene under certain circumstances

 

(1) If at any stage during proceedings under this Chapter the Court is satisfied that it is necessary or appropriate that all claims for restitution in respect of the land in question be considered at the same time, it may direct the applicant to publish in the Gazette and in such other manner as it deems appropriate, a notice advising potential claimants of its decision and inviting them to apply for leave to intervene in the application or action within the period specified in such notice.

 

(2) After the expiry of the period contemplated in subsection (1)—
(a) no claim in respect of the land in question shall be lodged with the regional land claims commissioner;
(b) no application for leave to intervene in order to enforce restitution of a right in such land shall be lodged with the registrar;
(c) no application to the Court in terms of section 38B shall be lodged with the registrar in respect of the land in question:

Provided that the Court may allow a claimant or applicant, on good cause shown, to lodge such a claim or application after the expiry of such period, but not later than 30 June 2019.

[Section 38D(2) substituted by section 12 of Act No. 15 of 2014]