Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)RulesLand Claims Court RulesPart C : Parties12. Joinder of Parties and Causes of Action |
| (1) | Any number of persons, each of whom has a claim (whether jointly, jointly and severally, separately or in the alternative) may join as plaintiffs or applicants in a case against the same person, if their claims relate to substantially the same question of law or fact. |
| (2) | A plaintiff or applicant may join several causes of action in the same case. |
| (3) | Several parties may be joined in the same case, either jointly, jointly and severally, separately or in the alternative, whenever the question arising between them or any of them and the plaintiff or applicant relates to substantially the same question of law or fact. |
| (4) | Subject to any Court order on service, anybody initiating a case must cite as parties all persons— |
| (a) | against whom relief is claimed; |
| (b) | whose rights may be affected by the relief claimed; and |
| (c) | who may have an interest in the claim. |
| (5) | The Court may at any time upon application by any party or of its own accord, order that a person be joined as a party in the case upon such terms and conditions as the Court considers appropriate, including conditions as to— |
| (a) | the payment of costs; |
| (b) | the delivery of a notice of appearance; and |
| (c) | the further procedure in the case. |
| (6) | When there has been a joinder of causes of action or of parties, the Court may, on the application of any party, order that separate hearings be held in respect of some or all of the causes of action or some or all of the parties. |
| (7) | Whenever causes of action or parties are joined in the same case, the Court may make an order in favour of those parties who may be entitled to relief or grant absolution from the instance, and must make an order for costs as it considers just. |