Statistics Act, 1999
R 385
Expropriation Act, 1975 (Act No. 63 of 1975)RegulationsRegulations in terms of Section 25(1) of the Expropriation Act, 197510. Reply to the application for the determination of compensation |
| (1) | A respondent shall cause a written reply to be delivered to the applicant within a period of 21 days of the date of service of the application for the determination of compensation on such respondent. |
| (2) | A respondent shall in his reply deny, admit or confess and avoid all material facts averred in the application for the determination of compensation, or shall mention which of the facts averred are not admitted and to what extent, and shall state clearly and concisely all the material facts on which his case rests. |
| (3) | It shall not be sufficient for a respondent to make any general denial of the facts averred in the application for the determination of compensation in his reply. |
| (4) | The respondent shall specifically deal with each averment of facts whose correctness he does not admit, and each averment of facts contained in the application for the determination of compensation not specifically denied in the reply shall be deemed to have been admitted. |
| (5) | The respondent shall furnish in his reply such facts as are reasonably necessary to determine how he calculated the amount of compensation. |
(6)
| (a) | For the purposes of this regulation, "respondent" shall include any person to whom an application for the determination of compensation has been delivered and who alleges that he is not the respondent named in the application for the determination of compensation and who wishes to defend on this ground. The compensation court may direct that costs be paid by or to such person as if he were a party to the proceedings. |
| (b) | Should such defence be upheld, tile court may, instead of rejecting the application for the determination of compensation, allow any necessary amendment upon application by the applicant and may direct that details of such amendment be delivered to the actual respondent. |
| (7) | Any mortgagee or other person appearing from the application for the determination of compensation to be a party interested in the proceedings may join as a party to the proceedings within seven days of receipt by him of a copy of Form 2, by delivering a notice in the form of Form 3 in Schedule 1 together with the documents which indicate the nature of his interest to all parties to the proceedings. Such joining party shall within 14 days of delivery by him of a notice in the form of Form 3 deliver a written reply to the application for the determination of compensation. The provisions of these regulations shall mutatis mutandis apply to such reply. If no such reply is delivered within the fixed time or such longer period as the parties may agree upon or as the court may on application order, the proceedings may be proceeded with without further notice to the joining party concerned. |
| (8) | The expropriator may at any time prior to the hearing of the application for the determination of compensation urge that such joining party furnish security for costs at such amount as may be agreed upon by the parties or as may be fixed by the registrar. |
