Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)RulesLand Claims Court RulesPart C : Parties15. Substitution of Parties |
| (1) | If a party— |
| (a) | has died or ceased to be capable of litigating, his or her executor, curator or trustee may be substituted for that party; |
| (b) | is a statutory body which has by law been succeeded by another statutory body, the latter body may be substituted for that party; or |
| (c) | is a provisional communal property association whose assets have been transferred to a communal property association in terms of section 8 (6) (f) of the Communal Property Associations Act, 1996 (Act No 28 of 1996), that latter association may be substituted for that party. |
| (2) | Unless the Court orders otherwise, a substitution under subrule (1) is effected by the delivery of a notice of substitution by that executor, curator, trustee, statutory body or communal property association. |
| (3) | The Court may, on application by any party delivered within ten days of receipt of a notice in terms of subrule (2)— |
| (a) | set aside, vary or confirm any substitution thus effected, and |
| (b) | make such order as to postponement or as to costs or otherwise as it considers just. |
| (4) | Any party may, upon application to the Court and by order of the Court (which may include an order as to costs), be substituted by any other party. |