Housing Development Agency Act, 2008
R 385
Sheriffs Act, 1986 (Act No. 90 of 1986)Chapter III : Position of Trust of SheriffsLiability of Fund36. Claims against Fund |
| (1) | A claim against the Fund in respect of a contingency referred to in section 35 may be lodged with the Board on the prescribed form. |
| (2) | Subject to the provisions of subsection (3), no person shall have a claim against the Fund in respect of a contingency referred to in section 35 unless— |
| (a) | the claimant lodges his claim with the Board in terms of subsection (1) within three months after he became aware of the contingency; or |
| (b) | the claimant furnishes the Board, within six months after a written demand was sent to him by the Board, with such proof in verification of his claim as the Board may reasonably require. |
| (3) | If the Board is satisfied that, having regard to the circumstances, a claim or the proof required by it was lodged or furnished as soon as possible, it may at its discretion extend the period mentioned in paragraph (a) or (b) of subsection (2), as the case may be. |
| (4) | If the Board admits a claim against the Fund, the Board shall pay out of the Fund such compensation as may be agreed upon by the Board and the claimant. |
| (5) | Any dispute relating to the amount of compensation to be paid out of the Fund shall be settled by arbitration in accordance with the Arbitration Act, 1965 (Act 42 of 1965). |
