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 default16. Intervention to proceedings before Corut, right to appear and legal representation |
| (1) | Any person or body with legal standing may apply to the Court for leave to intervene as a party to any proceedings before the Court. |
| (2) | The State has the right to intervene as a party to all proceedings before the Court. |
| (3) | Any party appearing before the Court may do so in person or may be represented by a legal practitioner as contemplated in the Legal Practice Act, 2014 (Act No. 28 of 2014), of their own choice and at their own expense. |
| (4) |
| (a) | Where a party involved in a matter before the Court is not represented by a legal representative because such party cannot afford to pay for legal representation, and the Court is of the opinion that it would be in the best interests of the party to have legal representation, the Court must refer the matter to Legal Aid South Africa as contemplated in section 2 of the Legal Aid South Africa Act, 2014 (Act No. 39 of 2014). |
| (b) | Legal Aid South Africa must deal with a matter referred to in paragraph (a) in accordance with section 4(1)(f) of the Legal Aid South Africa Act, 2014, to provide legal representation at State expense, where substantial injustice would otherwise result. |
| (c) | Expenditure in connection with the implementation and application of paragraph (a) must be defrayed from money appropriated by Parliament for this purpose and monies appropriated by Parliament for this purpose constitute earmarked funds on the vote of Legal Aid South Africa, and may not be used for any other purpose. |