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Expropriation Act, 1975 (Act No. 63 of 1975)

21. Deposit of compensation money with Master

 

1) If property expropriated under this Act was burdened with a fideicommissum or if compensation is payable in terms of this Act to a person whose place of residence is not known, or if compensation is so payable and the Minister is unable to determine to whom it can be paid, the Minister may deposit the amount of the compensation payable in terms of this Act with the Master, and after such deposit the Minister shall cease to be liable in respect of that amount.

 

2) Any moneys received by the Master in terms of subsection (1) or (4) of this section or in terms of section 11(1) shall-
a) if the property in question was burdened with a fideicommissum, mutatis mutandis be subject to all the terms and conditions contained in the will or other instrument by which such fideicommissum was established; and
b) subject to the provisions of paragraph (a), be paid into the Guardian's Fund referred to in section 86 of the Administration of Estates Act, 1965 (Act 66 of 1965), for the benefit of the persons who are or may become entitled thereto, and bear interest at a rate determined from time to time by the Minister of Finance.

 

3) The provisions of subsections (1) and (2) shall not affect the jurisdiction of any court to make an order in respect of any moneys in question.

 

4) In the event of a dispute or doubt as to the person who is to receive any compensation payable in terms of this Act, or in the event of the issue of an interdict in respect of the payment of any such compensation, or if the owner and any mortgagee or any buyer or any builder have not notified the Minister in terms of section 19 in regard to the payment of such compensation, the Minister shall, subject to the provisions of section 19(3), pay the amount of such compensation to the Master.