Public Service Commission Act, 1997
R 385
Expropriation Act, 1975 (Act No. 63 of 1975)13. Payment of compensation in respect of rights out of unregistered leases in respect of property expropriated |
| 1) | A lessee whose lease has been terminated in terms of section 22 shall, subject to the provisions of subsections (2) and (3) of this section, be entitled to the payment of compensation as if his right thereunder were a registered right in respect of the property in question which was also expropriated on the date of expropriation in respect of such property. |
| 2) | The Minister shall simultaneously with the notice of expropriation in question to the owner or as soon as possible thereafter, send to a lessee referred to in subsection (1) of whom he is aware a notice in which he is informed of the expropriation, and thereupon the provisions of sections 7, 9, 10 and 11 shall mutatis mutandis apply as if such notice were a notice of expropriation under section 7(1) in respect of the rights of such lessee. |
| 3) | If the owner of expropriated property fails to comply with the provisions of section 9(1)(d)(i) and the Minister did not prior to the payment of any compensation money to the owner become aware of the existence of the lease in respect of such property the State shall not be obliged to pay compensation to the lessee concerned in respect of the termination of his rights, but such owner shall be liable to any such lessee for damage sustained by him in consequence of the termination of his rights. |
