Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)Chapter III : The Land Claims Court28D. No process to be issued against judge of Court except with consent of court |
| (1) | Notwithstanding anything to the contrary contained in an law, no summons or subpoena against the President or any other judge of the Court shall in any civil action be issued out of any court without the consent of such court: Provided that no such summons or subpoena shall be issued out of a lower court unless a High Court which has jurisdiction to hear and determine an appeal in a civil action from such lower court, has consented thereto. |
[Section 28D(1) substituted by section 19(a) of Act No. 63 of 1997]
| (2) | Where the issuing of a summons or subpoena against a judge of the Court to appear in a civil action has been consented to, the date upon which such judge must attend court shall be determined in consultation with the President of the Court or, in his or her absence, the most senior available judge of the Court. |
| (3) | For the purposes of subsection (1) 'lower court' means any court, other than the Constitutional Court, the Supreme Court of Appeal or a High Court, which is required to keep a record of its proceedings, and includes a court of a regional division and a magistrate's court established in terms of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944). |
[Section 28D(3) substituted by section 19(b) of Act No. 63 of 1997]
[Section 28D inserted by section 15 of Act No. 78 of 1996]