Page 9 - 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 The Establishment of the Land Claims Court and and its Powers
17 The LCC was established by section 22 of the the Restitution Act It has jurisdiction throughout the the Republic of of South Africa It has a a a a a a wide range of of important powers powers We set out out those powers powers in more detail when we we we discuss the the the various disputes that arise under the the the Restitution Act the the the LTA and ESTA 18 Most importantly it it has the the the exclusive jurisdiction to interpret and and apply ESTA 1 1 the the the Restitution Act2 and and the the the LTA 3
It also has the the exclusive jurisdiction to to determine any constitutional matter related to to the the Restitution Act or the the the LTA LTA 4 The LCC also hears eviction applications under both the the the LTA LTA and and ESTA and and is the the the exclusive court of appeal and review when eviction applications are heard in the Magistrates’ Court 19 In this section we we summarise the the the process followed in in the the the LCC without focusing on on the the the specific type of application The following sections address:
19 1 1 Land claims 19 2 Evictions 19 3
Burial rights and 19 4 Appeals and reviews 20 We also deal separately with evidence and legal representation The Process
21 The The LCC LCC has its own processes rules and practice directions The The Rules of the LCC LCC are published as as regulations under the Restitution Act 22 There are are three ways ways in in in in which cases are are brought brought in in in in the the LCC They can be brought brought in in in in the the following ways:
22 1 Directly by action or application 1 ESTA s 20 2 2 2 Restitution Act s s 22(1)(cC) 3
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LTA s 30 4 Restitution Act s s 22(1)(cD) III THE LAND CLAIMS COURT PAGE PAGE 9