1. This application is in terms of a directive issued by the judicial case management judge, Erasmus AJ as 12 April 2022 and which reads, inter alia, as follows;
“1. In terms of Rule 33 (4) of the Uniform Rules of court, it is directed that prayers 39, 40 and 41 of the application under case number 2998/2018, pertaining to the legal representation of the applicants in the Land Claims Court of South Africa, be adjudicated separately from the other relief sought.”
2. The relief sought in the above mentioned prayers, as translated into English by Ms Sieberhagen for the respondents, and which in my view is an accurate translation reads as follows:
“39. Applicant requests that the First to Eight Respondents be ordered by the High Court to provide legal aid to the Applicants in terms of the provisions of section 29(4) of the Restitution of Land Act as amended, in order to finalise the Land Claim W215 and W220, which has been outstanding since 1 April 1997.
40. Applicant requests that the First to Eighth Respondents be ordered by the High Court to provide legal aid to the Applicants in terms of the provisions of section 29(4) of the Restitution of Land Act as amended in order to finalise Land claim W215 and W220, which has been outstanding since 1 April 1997 and that the Applicants’ legal team with whom they have consulted on nine occasions since August 2018 to August 2019 be authorised by the High Court to provide legal assistance to Applicants for a fair representation in the Land Claims Court, Randburg, Johannesburg and/or the High Court, Northern Cape Division, Kimberley and/or in the International Court in The Hague.
41. Legal aid must be provided to the First to Third Applicants, so that the Third Applicant may make sure that the 17th Respondent’s human rights abuse during 1876 to 1879 will be called to account for restitution, please My Lady/My Lord High Court.”