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

Rules

Land Claims Court Rules

Part H : Referrals

40. Referrals under The Land Reform (Labour Tenants) Act
Purchase cart Previous page Return to chapter overview Next page

 

(1) When the Director-General refers any application or agreement to the Court in terms of section 17(6) or section 18(6) or (7) of the Land Reform (Labour Tenants) Act, he or she must initiate the case by a notice of referral based on form 5 or 6 (as the case may be) of Schedule 1 to these rules.

 

(2) When filing a notice of referral, the Director-General must also file a bundle which contains at least the information and documents listed in rule 41, where relevant.

 

(3) Every notice of referral by the Director-General, together with a list of documents contained in the bundle filed with the Registrar, must be served by the Director-General on—
(a) every person (including the applicant) against whom an order is sought or whose rights or interests may be affected; and
(b) 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.

 

(4) Where the parties concerned have concluded a settlement agreement for the resolution of an application as envisaged in section 18 (6) of the Land Reform (Labour Tenants) Act—
(a) the Court may—
(i) make an order as envisaged in the settlement agreement;
(ii) order that technical variations be made to the order envisaged in the settlement agreement, in which event the provisions of rule 42(6) (b) and (7) to (10) will apply mutatis mutandis;
(iii) order that possible interested persons who are not parties to the settlement agreement be furnished with a copy of the settlement agreement and be given an opportunity to comment on it, before the Court makes any order under this paragraph (a); or
(iv) make no order pursuant to the settlement agreement, in which event the Court may order that the case revert to the Director-General;
(b) the Court must not make any order on a settlement agreement to which section 97 (1) of the Deeds Registries Act applies, unless the Registrar of Deeds has been given an opportunity to file a report.

 

(5) In a case referred to the Court under section 17 (6) or section 18 (7) of the Land Reform (Labour Tenants) Act, the President or a judge nominated by him or her may take the necessary steps for the initiation of arbitration proceedings in terms of the provisions of section 19 of the Land Reform (Labour Tenants) Act and the Labour Tenancy Arbitration Rules.