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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

40. Costs and fees in a Compensation Court

 

(1) Costs in any case in a compensation court shall be calculated and taxed as follows:
(a) Should the compensation awarded or last claimed prior to the commencement of the case be less than ten thousand rand, the amounts allowable to attorneys shall be the highest scale of the table of costs applicable in a magistrate's court in relation to contested actions.
(b) Should the compensation awarded or last claimed prior to the commencement of the case be ten thousand rand or more, the costs in a case shall be calculated in terms of the tariff of costs as prescribed in Shedule [sic] 2 to these regulations.

 

(2) Should the compensation awarded by the compensation court in a case—
(a) be equal to or exceed the amount last claimed by the expropriated party on the date of the commencement of the proceedings in the court, all costs incurred after the date referred to shall be awarded against the expropriator;
(b) be equal to or less than the amount last offered by the expropriator on the date referred to in paragraph (a), such costs shall be awarded against the expropriated party concerned;
(c) be less than the amount last so claimed by the expropriated party but exceed the amount last so offered by the expropriator, then there shall be awarded against the expropriator so much of the expropriated party's costs (which do not exceed taxed costs) incurred after the date referred to in paragraph (a) as bears to such costs the same proportion as the difference between the compensation so awarded and the amount so offered bears to the difference between the amount of compensation so awarded and the amount so claimed: Provided that, should any offer of settlement have been made by the expropriator in accordance with these regulations, the provisions of this paragraph shall not apply, and the date referred to in paragraph (a) shall, for the purposes of any such offer of settlement, be the date thereof.

 

(3) In a case not mentioned in subregulation (2), the court shall at its discretion decide in regard to costs.

 

(4) The court shall in any other case not mentioned in subregulation (2), exercise its discretion in relation to costs, and may, in exercising such discretion, order a party to pay part of the costs should he or his representative have failed to attend a consultation in terms of regulation 20.

 

(5) Should any costs be awarded against the party to whom the compensation is payable, such an order as to costs shall be a preferential claim against any amount payable to such party under section 12(3) of the Act, and that money and interest shall, in so far as is necessary, be applied for the settlement of those costs and fees.

 

(6) The taxing master of the provincial division of the Supreme Court concerned shall be the taxing master of the compensation court concerned, and the said taxing master shall tax bills of costs in accordance with the provisions of the Act and these regulations.

 

(7) Any costs awarded, whether so ordered by the court or so agreed to by the parties, shall include the fees of expert witnesses. Such fees shall be subject to taxation by the taxing master of the compensation court concerned.

 

(8) Any party to a case may apply to the provincial division of the Supreme Court concerned for review of any costs or expenses awarded or refused in such bill of costs, and such application shall be made mutatis mutandis in accordance with the same procedures as those that apply to applications for review of taxations by the taxing master of the said division.