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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

12. Discovery of documents

 

(1) Every party shall within 21 days of the date of delivery of the reply by the respondent deliver a statement making discovery on oath of all documents which are or were in his possession or under his control and which are relevant to the issues in the application for the determination of compensation.

 

(2)

(a) Should privilege be claimed with regard to any of the documents specified in the statement, such documents shall be specified separately and the grounds upon which privilege is claimed in relation to such documents shall be stated.
(b) For the purposes of paragraph (a) a document shall be regarded as being privileged against discovery under the same circumstances as those under which documents are for the purposes of Rule 35 of the Uniform Rules of Court not required to be specified in discovery affidavits.

 

(3) No document not so discovered shall be used in the hearing of the application for any purpose by the party in whose possession or under whose control it is, but the other party concerned shall be entitled to use or claim such document during the cross-examination of any witness: Provided that the compensation court may at any time, on such conditions relating to adjournment and costs as it may deem reasonable, grant permission for such use.

 

(4) A party shall, upon request, forthwith allow the other party to inspect all documents discovered in terms of subregulation (1) or books and documents as referred to in subregulation (5), and to make copies thereof, excluding documents in respect of which privilege is claimed, and shall forthwith furnish the other party with such copies thereof or extracts therefrom as may be requested.

 

(5) Any party may by notice require any other party to produce, at the hearing of the application, the documents discovered in terms of subregulation (1), as well as any other books and documents which may be relevant to the proceedings.