Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)RulesLand Claims Court RulesPart l : Actions44. Actions in General |
| (1) | Every action must be initiated by way of notice of action, based on form 8 in Schedule 1. A notice of action must have attached to it a statement of claim and copies of all supporting documents. |
| (2) | In every statement of claim— |
| (a) | the plaintiff must set forth truly and concisely his or her name, address and identity or registration number, the capacity in which the plaintiff brings the action, the nature of the claim, the facts on which the plaintiff relies, the conclusions of law which the plaintiff deduces from the facts, and the relief claimed; |
| (b) | where the plaintiff seeks relief in respect of separate claims founded upon separate sets of facts, the claims and facts must be separately stated; and |
| (c) | where compensation is claimed, or the amount thereof has to be determined, the plaintiff must set forth sufficient particulars to show how the amount has been arrived at. |
| (3) | A party opposing the relief claimed in the action— |
| (a) | must file a notice of appearance as described in rule 25(1); |
| (b) | may, within fifteen days after receipt of a notice listing the participating parties under rule 25(3), deliver a plea wherein he or she must— |
| (i) | admit or deny, or confess and avoid all allegations contained in the statement of claim, and clearly and concisely state all the facts on which he or she relies and the conclusions of law which he or she deduces from the facts; |
| (ii) | specifically deal with each averment of fact contained in the statement of claim; and |
| (iii) | set out sufficient particulars to show how he or she determines the amount of any compensation which has to be determined in the case. |
| (4) | Each averment of fact not specifically denied in a plea is deemed to be admitted. |
| (5) | Any plaintiff may, within ten days of receipt of a plea, deliver a reply to that plea. No reply which would be a mere joinder of issue or a bare denial of the allegations contained in the plea is necessary. A plaintiff who fails to deliver a reply to a plea is deemed to have denied all allegations of fact contained in the plea which are contradictory to the allegations contained in the statement of claim. |
| (6) | Any party in an action may, together with the delivery of his or her plea, bring a counter-claim against the plaintiff. The rules relating to a plea and a reply and the periods prescribed for the delivery of a plea and a reply apply mutatis mutandis in respect of a counter-claim. |