| (1) |
When the Commission refers any matter to the Court in terms of section 14 of the Restitution of Land Rights Act, it must initiate the case by a notice of referral— |
| (a) |
in cases where an agreement on how the claim should be finalised has been signed, based on form 3 of Schedule 1 to these rules; and |
| (b) |
in all other cases, based on form 4 of Schedule 1 to these rules. |
| (2) |
When filing the original notice of referral, the Commission must also file a bundle which must contain at least the information and documents listed in rule 39, to the extent that it may be applicable. |
| (3) |
Every notice of referral by the Commission, together with— |
| (a) |
a copy of the Commission's report in terms of section 14(2) or (3) of the Restitution of Land Rights Act; and |
| (b) |
a list of documents contained in the bundle filed with the Registrar, |
must be served by the Commission on—
| (i) |
every person (including the claimant) against whom an order is sought or whose rights or interests may be affected by the claim; |
| (ii) |
all government departments and officials having an interest in the matter, including the Registrar of deeds concerned, if section 97(1) of the Deeds Registries Act applies. |
| (iii) |
the Department of Land Affairs, at both— |
| (aa) |
the office of the Chief Director: Restitution; and |
| (bb) |
the office of the head of the provincial office concerned. |
| (3A) |
It is not necessary to effect service of the notice of referral on— |
| (a) |
any person (other than the first claimant) who has signed a request for an agreement on how the claim should be finalised to be made an order of the Court, unless the Court orders otherwise; or |
| (b) |
the owner of land, where no restoration is claimed in respect of such land. |
| (4) |
After service of the documents referred to in subrule (3) has been effected, the Commission must file a notice to that effect with the Registrar and submit proof of service. |
| (5) |
Where the parties concerned have submitted a request that an agreement on how the claim should be finalised be made an order of the Court, the Court may, after considering the matter in chambers or hearing the matter in open court (as the presiding judge may direct)— |
| (a) |
make the agreement an order of the Court; or |
| (b) |
reject the request that the agreement be made an order of the Court, in which event the Court may order that the case— |
| (i) |
revert to the Commission; or |
| (ii) |
proceed in the form of an action as described in subrule (9). |
| (6) |
The claimant before the Commission— |
| (a) |
will be deemed to have withdrawn his or her claim if he or she has not filed a notice of appearance under rule 25(1), unless the Court orders otherwise; |
| (b) |
will be the plaintiff in the case before the Court, and will have all the rights and duties of a plaintiff; and |
| (c) |
must deliver a notice listing the participating parties as required under rule 25(3). |
| (7) |
Any party on whom a notice of referral was served and who wishes to appear in the case— |
| (a) |
must file a notice of appearance as prescribed in rule 25(1) and furnish a copy thereof to the plaintiff and to the Commission; and |
| (b) |
may, within fifteen days of receipt of a notice listing the participating parties under rule 25 (3), deliver a response to any report or document filed by the Commission. |
| (8) |
The Commission must deliver copies of any further report made by it in terms of section 32(3) (a) of the Restitution of Land Rights Act to every party, and every party may deliver a response to it within fifteen days of receipt. |
| (a) |
has made an agreement on how the claim should be finalised an order of the Court under subrule (5); or |
| (b) |
has ordered that the case revert to the Commission, |
the case proceeds in the form of an action. The rules relating to the preparation for and conduct of an action will apply, except that no statement of claim, plea or reply may be filed and no counter-claim is permissible, unless the Court orders otherwise.
Mandating Procedures of Provinces Act, 2008
