Page 22 - Litigating in the Land Claims Court: Training Manual

LITIGATION IN IN IN THE LAND CLAIMS COURT TRAINING MANUAL LITIGATION IN IN IN THE LAND CLAIMS COURT TRAINING MANUAL 57 The rules of of the the the the LCC are silent on on the the the the issue of of filing further documents (pleadings) once the the the the matter is is referred to to this Court by the Director-General The LRC has suggested that Practice Direction No 20 is is is issued by the LCC stating that:
57 1 Once the application made by labour tenant(s) for acquisition of land/ownership or or right in in land land in in terms of of section 16(1) of of the the LTA is is referred to to this Court by the the Director-General:
57 1 1 1 1 The applicant(s) shall file to this Court and serve on all all interested parties the statement of of of of of claim claim in terms of of of of of Rule Rule 44 (1) and (2) of of of of of the Rules of of of of of this Court The statement of of of of of claim claim shall be filed with this Court and and served on on the respondents and and all all interested parties 15 (fifteen) days after the the notice of referral has been served on them 57 1 2 The respondent(s) shall file with this Court and and serve on on the applicant(s) and and all all interested parties a a a a a plea plea in terms of of of Rule Rule 44(3) (b) of of of the Rules of of of this Court The plea plea shall be filed with this Court and and served on the applicants and and all interested parties 15 (fifteen) days after the the statement of claim has been served on them 57 1 3 The applicant(s) shall file with this Court and and serve on on the respondent(s) and and all all interested parties a a a reply to the the respondent(s)’ plea in terms of of of Rule Rule 44(5) of of of the the Rules of of of this Court The reply shall be filed with this Court and and served on on the respondent(s) and and all all interested parties 10 (ten) days after the the plea has been served on them 57 1 4 If any any party party party wishes the the other party party party to discover any any documents that party party party must follow Rule 46(1) of of the Rules of of this Court and 57 1 5 5 If any party party wishes to call an an expert at at the the hearing that party party must follow Rule 49 of the the Rules of this Court 57 2 The Director-General shall when filing and serving a a a a a a a referral notice simultaneously file at Court and serve on on all interested parties a a a a a a a a a certificate stating whether legal representation has been requested by the the applicant(s) The certificate shall also indicate whether legal representation has been provided 58 The LCC is is considering the the proposed Practice Direction but it had not been adopted at at the the date of this publication The LRC has has has followed a a a a a a a a a a similar process in labour tenant matters it it has has has litigated which has has has been approved by the presiding judges The Restitution Act
59 Section 25(7) of of the Constitution provides that:
“A person or community dispossessed of of property after 19 19 June 1913 as as a a a a a a a a result of past racially discriminatory laws or or practices is is entitled to to the extent provided by an Act
Act
of of Parliament either to to restitution of of that property or to to equitable redress ” The Restitution Act
Act
was
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