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

Rules

Land Claims Court Rules

Part C : Parties

11. Joinder of alleged Office Bearers or Member of Entities

Purchase cart Previous page Return to chapter overview Next page

 

(1) Any party may join as a party in a case a person who, he or she alleges—
(a) is an office bearer or member of an entity referred to in rule 10(1); and
(b) is in law personally liable for an alleged obligation of that entity; or
(c) will in law be personally liable for the payment of any costs which may be awarded against that entity,

by delivering a notice to that effect, which notice must—

(i) be based on form 12 of Schedule 1;
(ii) have attached to its face a notice based on form 9 of Schedule 1;
(iii) set out the grounds upon which personal liability is claimed;
(iv) be served on the person concerned; and
(v) contain the names and service addresses of all parties.

 

(2) Any person served with a notice under subrule (1)—
(a) becomes a party in the case; and
(b) if he or she disputes the allegation that he or she is or was a member or office bearer of that entity, or is in law liable for those obligations or costs, must—
(i) within ten days of receipt of that notice, deliver a notice of appearance; and
(ii) within fifteen days thereafter, deliver an answering affidavit in response to the allegations contained in the notice,

failing which he or she will be personally liable for any obligations for which the entity may be found liable and for any award of costs, as set forth in the notice, unless the Court orders otherwise.

 

(3) The party that issued the notice under subrule (1) may, within ten days of receipt of the answering affidavit, deliver a replying affidavit. Thereafter the Court may decide the issue, either separately or during the hearing of the case.