Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)RulesLand Claims Court RulesPart D : Documents17. Process by which cases are initiated |
| (1) | Upon receipt of the process by which a case is initiated, the Registrar must allocate a consecutive number for the year concerned. |
| (2) | The original process by which the case is initiated must, when filed— |
| (a) | bear the revenue stamps prescribed in rule 5(1); and |
| (b) | be signed by the party issuing the process or his or her legal representative. |
| (3) | Every copy of that process must, when served on a party— |
| (a) | bear the number allocated to the case; |
| (b) | be signed by the party issuing the process or his or her legal representative; and |
| (c) | have attached thereto notices based on forms 9 and 10 of Schedule 1, except in the case of service on— |
| (i) | a legal representative (in his or her capacity as such); |
| (ii) | the President of the Republic; |
| (iii) | the government of the Republic; |
| (iv) | a Minister of the government of the Republic; |
| (v) | the legislature of any province; |
| (vi) | the Premier of any province; |
| (vii) | a member of the Executive Council of any province; |
| (viii) | a transitional metropolitan council, a transitional metropolitan substructure, a transitional local council or a successor body to any of them; |
| (ix) | an officer of the government of the Republic or of the government of any province, in his or her capacity as such; |
| (x) | an organ of state; |
| (xi) | an officer of an organ of state, in his or her capacity as such; or |
| (xii) | the Commission. |
| (4) | Every copy of process served on a Registrar of deeds pursuant to section 97(1) of the Deeds Registries Act must be accompanied by a notice to the Registrar of deeds— |
| (a) | informing him or her what act in a deeds registry is involved; and |
| (b) | inviting him or her to report to the Court thereon. |