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

Rules

Land Claims Court Rules

Part H : Referrals

43. Referrals of Eviction Cases to Arbitration

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(1) As soon as a judge decides to refer an eviction case to arbitration under section 33(3) of the Land Reform (Labour Tenants) Act—
(a) he or she must appoint an arbitrator; and
(b) the Registrar must inform the parties by sending them a notice based on form 7 of Schedule 1 to these rules.

 

(2) A judge must refer an eviction case to arbitration only after a reply to a plea or a replying affidavit has been delivered, or the time for delivery has passed.

 

(3) At or as soon as possible after the arbitration planning meeting referred to in rule 5 of the Labour Tenancy Arbitration Rules has taken place, the judge must—
(a) set a time, date and venue for the arbitration hearing; and
(b) give directions on the procedure which the arbitrator and the parties must follow from then on,

and the Registrar must notify the parties thereof.