The Land Court Act, 2023 (Act No. 6 of 2023)Chapter 4 : Court ProceedingsPart 2 : Rules, powers and functions of Court under other legislation, intervention, right to appear, legal representation, powers of Court on hearing appeals and judgment by default14. Rules governing procedure of Court |
| (1) | The Rules Board must make rules to regulate the conduct of proceedings of the Court, including— |
| (a) | the circumstances under which opinion and oral evidence may be submitted to the Court; |
| (b) | the suspension or execution of judgments, orders or sentences of the Court pending applications, or petitions for leave to appeal and the prosecution of appeals; |
| (c) | the manner and circumstances under which a judgment by default contemplated in section 18 of this Act can be given; |
| (d) | the practice and procedure of the Court in applications in terms of Chapter IIIA of the Restitution of Land Rights Act; |
| (e) | any of the matters listed in section 6(1)(a) to (s) of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), insofar as they are appropriate to the functioning of the Court; and |
| (f) | generally, any matter which may be necessary or useful to be regulated for the proper despatch and conduct of the functions of the Court. |
| (2) | Notwithstanding anything to the contrary in this Act or in the rules contemplated in subsection (1), the Court may— |
| (a) | at any stage after a claim has been referred to it, refer the claim back to the Commission with directives as to matters which are to be investigated and reported on by the Commission; and |
| (b) | conduct any part of any proceedings on an informal or inquisitorial basis. |
| (3) | The Rules Board must make rules in respect of the form and manner in which a party to an arbitration may apply to the Court to— |
| (a) | stop the arbitration process and to proceed in the Court; |
| (b) | vary or set aside a settlement agreement; or |
| (c) | set aside an arbitration award. |
| (4) | The rules contemplated in subsection (1) must facilitate the expeditious handling of disputes and the minimisation of costs involved. |
| (5) | Except as is otherwise provided for in this Act, the provisions of the Superior Courts Act, and of the rules regulating the conduct of the proceedings of the several provincial and local divisions of the High Court of South Africa made under the Rules Board for Courts of Law Act, 1985, apply with the necessary changes required by the context to the Court— |
| (a) | in so far as these provisions are not provided for in this Act or the rules; and |
| (b) | to the extent that they are not inconsistent with this Act. |