The Land Court Act, 2023 (Act No. 6 of 2023)Chapter 4 : Court ProceedingsPart 1 : Institution of proceedings in Court13. Institution of proceedings |
| (1) | Proceedings under this Act may be instituted by— |
| (a) | the Commission; |
| (b) | any person acting in their own interest; |
| (c) | any person acting on behalf of another person who cannot act in their own name; |
| (d) | any person acting as a member of, or in the interests of, a group or class of persons; |
| (e) | any person acting in the public interest; or |
| (f) | any association acting in the interests of its members. |
| (2) | The registrar must, in the manner and within the period provided for in the rules, refer the matter to the Judge President of the Court, who must decide whether the matter— |
| (a) | is to be heard in Court; or |
| (b) | should be referred for mediation in terms of section 29 of this Act, which, in the Judge President’s opinion, can deal more appropriately with the matter. |
| (3) | The Judge President, before making a decision to refer a matter as contemplated in subsection (2), must take all relevant circumstances into consideration, including the following: |
| (a) | If mediation or arbitration in terms of any legislation took place before the institution of proceedings in the Court and the outcome thereof; |
| (b) | the personal circumstances of the parties; |
| (c) | the needs of and relief sought by the parties; and |
| (d) | the nature of the intended proceedings and whether the outcome of the proceedings could facilitate the development of judicial precedent and jurisprudence in this area of the law. |
| (4) | The Judge President may delegate any of the powers vested in the Judge President under this section to the Deputy Judge President or any other judge of the Court. |