| 1) |
The amount of compensation to be paid in terms of this Act to an owner in respect of property expropriated in terms of this Act, or in respect of the taking, in terms of this Act, of a right to use property, shall not, subject to the provisions of subsection (2), exceed- |
| a) |
in the case of any property other than a right, excepting a registered right to minerals, the aggregate of- |
| i) |
the amount which the property would have realized if sold on the date of notice in the open market by a willing seller to a willing buyer; and |
| ii) |
an amount to make good any actual financial loss caused by the expropriation; and |
| b) |
in the case of a right, excepting a registered right to minerals, an amount to make good any actual financial loss caused by the expropriation or the taking of the right: |
Provided that where the property expropriated is of such nature that there is no open market therefor, compensation therefor may be determined-
| aa) |
on the basis of the amount it would cost to replace the improvements on the property expropriated, having regard to the depreciation thereof for any reason, as determined on the date of notice; or |
| bb) |
in any other suitable manner. |
| 2) |
Notwithstanding anything to the contrary contained in this Act there shall be added to the total amount payable in accordance with subsection (1), an amount equal to- |
| a) |
ten per cent of such total amount, if it does not exceed R100 000; plus |
| b) |
five per cent of the amount by which it exceeds R100 000, if it does not exceed R500 000; plus |
| c) |
three per cent of the amount by which it exceeds R500 000, if it does not exceed R1 000 000; plus |
| d) |
one per cent (but not amounting to more than R10 000) of the amount by which it exceeds R1 000 000. |
| a) |
Interest at the standard interest rate determined in terms of section 26(1) of the Exchequer Act, 1975 (Act 66 of 1975), shall, subject to the provisions of subsection (4), be payable from the date on which the State takes possession of the property in question in terms of section 8(3) or (5) on any outstanding portion of the amount of compensation payable in accordance with subsection (1): Provided that- |
| i) |
in a case contemplated in section 21(4), in respect of the period calculated from the termination of thirty days from the date on which- |
| ii) |
the property was so taken possession of, if prior to that date compensation for the property was offered or agreed upon; or |
| iii) |
such compensation was offered or agreed upon, if after that date it was offered or agreed upon, |
| iv) |
to the date on which the dispute was settled or the doubt was resolved or the owner and the buyer or the mortgagee or the builder notified the Minister in terms of the said section 21(4) as to the payment of the compensation money, the outstanding portion of the amount so payable shall, for the purposes of the payment of interest, be deemed not to be an outstanding amount; and |
| v) |
if the owner fails to comply with the provisions of section 9(1) within the appropriate period referred to in the said section, the amount so payable shall during the period of such failure and for the purpose of the payment of interest be deemed not to be an outstanding amount. |
| b) |
Interest payable in terms of paragraph (a) shall be deemed to have been paid on the date on which the amount has been made available or posted to the owner concerned. |
| c) |
Any deposit, payment or utilisation of any amount in terms of section 11(1), 20(2) or 21(1) or (4) shall be deemed to be a payment to the owner, and no interest shall in terms of paragraph (a) be payable on any such amount as from the date on which it has been so deposited, paid or utilised. |
| 4) |
If the owner of property which has been expropriated occupies or utilises that property or any portion thereof, no interest shall, in respect of the period during which he so occupies or utilises it, be paid in terms of subsection (3) on so much of the outstanding amount as, in the opinion of the Minister, relates to the property so occupied or utilised. |
| 5) |
In determining the amount of compensation to be paid in terms of this Act, the following rules shall apply, namely - |
| a) |
no allowance shall be made for the fact that the property or the right to use property has been taken without the consent of the owner in question; |
| b) |
the special suitability or usefulness of the property in question for the purpose for which it is required by the State, shall not be taken into account if it is unlikely that the property would have been purchased for that purpose on the open market or that the right to use the property for that purpose would have been so purchased; |
| c) |
if the value of the property has been enhanced in consequence of the use thereof in a manner which is unlawful, such enhancement shall not be taken into account; |
| d) |
improvements made after the date of notice on or to the property in question (except where they were necessary for the proper maintenance of existing improvements or where they were undertaken in pursuance of obligations entered into before that date) shall not be taken into account; |
| e) |
no allowance shall be made for any unregistered right in respect of any other property or for any indirect damage or anything done with the object of obtaining compensation therefor; |
| f) |
any enhancement or depreciation, before or after the date of notice, in the value of the property in question, which may be due to the purpose for which or in connection with which the property is being expropriated or is to be used, or which is a consequence of any work or act which the State may carry out or perform or already has carried out or performed or intends to carry out or perform in connection with such purpose, shall not be taken into account; |
| g) |
[deleted by section 11(g) of Act 45 of 1992.] |
| h) |
account shall also be taken of- |
| i) |
any benefit which will ensure to the person to be compensated from any works which the State has built or constructed or has undertaken to build or construct on behalf of such person to compensate him in whole or in part for any financial loss which he will suffer in consequence of the expropriation or, as the case may be, the taking of the right in question; |
| ii) |
any benefit which will ensure to such person in consequence of the expropriation of the property or the use thereof for the purpose for which it was expropriated or, as the case may be, the right in question was taken; |
| iii) |
[deleted by section 11 (h) of Act 45 of 1992.] |
| iv) |
any relevant quantity of water to which the person to be compensated is entitled, or which is likely to be granted to him, in terms of the provisions of the Water Act, 1956 (Act 54 of 1956), or any other law. |
| i) |
[deleted by section 4(1)(d) of Act 21 of 1982.] |
| 6) |
[Deleted by section 4(1)(e) of Act 21 of 1982.] |
Implementation of Geneva Conventions Act, 2012
