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Communal Land Rights Act, 2004 (Act No. 11 of 2004)

Chapter 10 : General Provisions

38. Acquisition of land by Minister

 

1) The Minister may, for the purposes of this Act, purchase, acquire in any other manner or, consistent with section 3 of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), expropriate land, a portion of land or a right in land.

 

2) The Expropriation Act, 1975 (Act No. 63 of 1975), must, with the necessary changes, apply to an expropriation under this Act, and any reference to the Minister of Public Works in that Act must be construed as a reference to the Minister for the purpose of such expropriation.

 

3) Where the Minister expropriates land, a portion of land or a right in land under this Act, the amount of compensation and the time and manner of payment must be determined either by agreement or by a court in accordance with section 25(3) of the Constitution.