Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)Chapter III : The Land Claims Court28. Seat and hearings of Court |
| (1) | The seat or seats of the Court shall be determined by the Minister of Justice in consultation with the President of the Court. |
| (2) | The Court may notwithstanding the provisions of subsection (1) conduct hearings at any other place in the Republic with a view to making the Court accessible to claimants. |
| (3) | Hearings of the Court shall be presided over by a single judge unless the President of the Court or in his or her absence the most senior available judge decides to the contrary. |
| (4) | At least one assessor shall assist the Court at a contested hearing of— |
| (a) | any claim which has been referred to the Court in terms of section 14; |
| (b) | any application in terms of section 34: and |
| (c) | any application in terms of Chapter IIIA: |
Provided that this requirement shall not apply in respect of—
| (i) | any hearing where the only matters in dispute are questions of law; |
| (ii) | any interlocutory or preliminary hearing or pre-trial proceedings, unless the Court decides otherwise; |
[Section 28(4)(c)(ii) substituted by section 8 of Act No. 18 of 1999]
| (iii) | any proceedings dealing with contempt of the Court. |
[Section 28(4) substituted by section 18 of Act No. 63 of 1997]
| (5) | An assessor, other than an assessor contemplated in subsection (6), shall be a member of the Court and the decision or finding of the majority of the members of the Court shall be the decision or finding of the Court: Provided that an assessor shall not decide upon a question of law or upon a question whether or not any matter constitutes a question of law: Provided further that a decision in respect of a matter referred to in section 33 or 34(6) shall be deemed not to be a question of law. |
[Section 28(5) substituted by section 14(b) of Act No. 78 of 1996]
| (6) | In any proceedings, other than those contemplated in paragraphs (a) and (b) of subsection (4), the Court may summon to its assistance no more than two assessors to act in an advisory capacity. |
[Section 28(6) inserted by section 14(c) of Act No. 78 of 1996]
| (7) | Subject to the provisos to subsection (5), in the event of an equality of votes— |
| (a) | at a hearing where one or more members of the Court are assessors, the vote of the judge, or, if there is more than one judge, the vote of the majority of the judges, shall prevail; |
| (b) | at any other hearing, the hearing shall be adjourned and commence before a new court constituted in such manner as the President of the Court or, in his or her absence, the most senior available judge may determine. |
[Section 28(7) inserted by section 14(c) of Act No. 78 of 1996]
| (8) | If at any stage during the hearing of any matter where two or more judges are members of the Court, any judge of such Court dies or retires or is otherwise incapable of acting or is absent, the hearing shall proceed before the remaining members of such Court: Provided that such members shall include at least one judge. |
[Section 28(8) inserted by section 14(c) of Act No. 78 of 1996]
| (9) | If at any stage during the hearing of any matter an assessor who is a member of the Court dies or, in the opinion of the presiding judge, becomes unable to act as assessor or is absent, the presiding judge may direct— |
| (a) | that the hearing proceed before the remaining member or members of the Court; or |
| (b) | that the hearing shall commence de novo, unless all the parties to the proceedings agree unconditionally in writing to accept the decision of the remaining member or members as the decision of the Court. |
[Section 28(9) inserted by section 14(c) of Act No. 78 of 1996]
| (10) | Subsections (5) and (7) shall apply mutatis mutandis when a hearing proceeds before the remaining member or members of the Court in the circumstances set out in subsection (8) or (9). |
[Section 28(10) inserted by section 14(c) of Act No. 78 of 1996]