Implementation of Geneva Conventions Act, 2012
R 385
Expropriation Act, 1975 (Act No. 63 of 1975)14. Determination of compensation by Supreme Court or by arbitration, in absence of agreement |
| 1) | Subject to the provisions of subsection (7) of this section and section 10(5) the compensation to be paid for any property expropriated by the Minister or for any right to use property taken by the Minister, shall, in the absence of agreement, on the application of any party concerned be determined by a provincial or local division of the Supreme Court in whose area of jurisdiction the property in question is or is situated on the date of expropriation. |
| 2) | ...... |
| 3) | Any proceedings contemplated in subsection 1 - |
| a) | shall be instituted and conducted by way of action; and |
| b) | shall, if the owner has claimed an amount as contemplated in section 9(1), not be instituted before the expiry of a period of thirty days after he has so claimed an amount. |
| 4) | The law of procedure applicable in civil proceedings in a court in which any proceedings contemplated in subsection (1) are conducted, shall, subject to the provisions of this Act, apply in respect of any such proceedings, and any order or judgment of the court in such last-mentioned proceedings shall be deemed to be an order or a judgment in civil proceedings. |
| 5) | After any proceedings contemplated in subsection (1) have been set down for hearing, and notwithstanding anything to the contrary contained in any law or any rules of court or practice- |
| a) | the judge concerned may- |
| i) | order that the conference contemplated in rule 37(1)(a) of the rules promulgated by Government Notice R48 of 12 January 1965 be held in his chambers; and |
| ii) | issue directions in respect of inspections and all other matters connected with the preparation for and the hearing of the proceedings; and |
| b) | the court may in its discretion regulate the further procedure in the conducting of the proceedings. |
| 6) | ...... |
| 7) | The provisions of this section shall not be construed as preventing the Minister and an owner, including a lessee who is not an owner, from submitting by agreement any dispute concerning the amount of compensation to be paid in terms of this Act in respect of the expropriation of property or the taking of any right, to arbitration in terms of the Arbitration Act, 1965 (Act 42 of 1965). |
| 8) |
| a) | A party to any proceedings contemplated in subsection (1) may, at any time before or during the hearing of such proceedings, make a written offer to the other party to such proceedings for the settlement of the dispute, and may do so without prejudice. |
| b) | The party making the offer may therein accept liability for costs or a portion thereof, and if he does not do so he shall be deemed to have made also an offer to pay the other party's party and party costs up to the date of the offer. |
| c) | The party to whom the offer has been made, may- |
| i) | if the offer has been made not less than seven days prior to the commencement of the hearing, within seven days; or |
| ii) | if the offer has been made less than seven days prior to the commencement of the hearing, within twenty-four hours; or |
| iii) | with the consent of the party who made the offer, at any time, |
accept the offer.
| d) | Acceptance of the offer shall terminate the proceedings, except as regards disputes relating to the interpretation of the offer or to costs. |
| e) | If such an offer to settle the dispute is not accepted and the court determines the compensation at an amount- |
| i) | which is equal to or more than the amount of the offer by the owner, the court shall order the Minister to pay the owner's costs incurred after the date of the offer; and |
| ii) | which is equal to or less than the amount of the offer by the Minister, the court shall order the owner to pay the Minister's costs so incurred. |
| f) | The court shall in its discretion decide on costs incurred prior to the date of an offer. |
| g) | If a court has made an order as to costs without knowledge of an offer which had not been accepted and non-acceptance thereof is brought to the notice of the court within five days from the date of the judgment, costs shall be reconsidered in the light thereof. |
| 9) | An offer which is not accepted shall not be disclosed to the court before judgment is given. |
