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Expropriation Act, 1975 (Act No. 63 of 1975)

Regulations

Regulations in terms of Section 25(1) of the Expropriation Act, 1975

17. Motion proceedings (General)

 

(1) Subject to the provisions of the Act and these regulations, the procedure provided for in Rule 6 of the Uniform Rules of Court shall with respect to applications by notice of motion mutatis mutandis apply to any proceedings in a compensation court instituted by a written application in terms of these regulations, excluding an application referred to in regulation 6: Provided that—
(a) the provisions of regulation 7(1)(b) shall, mutatis mutandis, apply regarding the address indicated for the service of any document by any party to such application;
(b) a notice of motion shall indicate the date of hearing thereof and shall be delivered at least 14 days before such date;
(c) any person contesting the granting of an order sought in the notice of motion shall deliver his replicatory affidavit together with any relevant documents at least seven days before the date of the hearing thereof;
(d) the applicant shall be entitled to cause a replicatory affidavit to be delivered at least three days prior to the date of hearing of the motion, and no further affidavit shall be delivered without leave by either the compensation court or the parties.

 

(2) Any issue which can be decided without it being necessary to go into the main issue may be set down for separate hearing by anyone of the parties before the hearing of the application on its merits, and the procedures for the setting down of such issue in the provincial division of the Supreme Court having jurisdiction in the area where the compensation court concerned has its seat shall apply to the setting down of the issue.