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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

11. Offer to settle

 

(1) Any party may, at any time before the hearing of the application for the determination of compensation has been concluded, by written notice without prejudice of rights make an offer to any other party for the settlement of the proceedings.

 

(2) Such notice shall at the same time state whether or not liability for costs or a portion thereof is admitted. Should the notice not mention this matter, it shall be presumed that the party who made the offer offered to pay the other party's costs up to the date of the offer.

 

(3) The party to whom the offer is made may within five days of receipt of the notice accept the offer, if the offer was made not less than five days prior to the hearing of the application or within 24 hours of such receipt if the offer was made after the commencement of the hearing of the application but prior to the disposal of the proceedings concerned and after expiry of such periods, only with the consent of the party who made the offer or of the president. Such acceptance shall, subject to the provisions of the Act and these regulations, suspend all further proceedings.

 

(4) Should the offer to settle not be accepted and should the compensation court at the hearing of the application determine the compensation at an amount less advantageous to the party who did not accept the offer—
(a) the court shall order the last-named party to pay to the party who made the offer such of his costs which were incurred after the date of the notice referred to in subregulation (1);
(b) the court shall decide, at its discretion, as to costs incurred before the date of the notice;
(c) payment of the amount of compensation to the expropriated person shall, where appropriate, be made subject to any order made in favour of the expropriator in terms of subparagraph (a) or (b).

 

(5) An offer made in terms of subregulation (1) shall not be disclosed to the court before judgment is given and shall not be placed on a file in the registrar's office containing the documents relating to the application for the determination of compensation. An order as to costs shall be made only after disclosure of the offer, if any, referred to in subregulation (1) and shall be made in accordance with the provisions of subregulation (4).

 

(6) Any party who mentions or discloses such offer personally or through his advocate or attorney to the compensation court in contravention of this regulation shall  notwithstanding the fact that he succeeds in the proceedings, be liable to and order as to costs being made against him, which order may also provide for costs as between attorney and client.

 

(7) If a compensation court has made an order as to costs without taking note of the offer and this fact is brought to the notice of the compensation court within five days of the date of the determination of the compensation by the compensation court, the costs shall be reconsidered in the light of the offer.

 

(8) After acceptance of the offer to settle referred to in subregulation (1) the amount of compensation stated therein shall be paid as soon as possible.

 

(9) After acceptance of the amount of compensation stated in the notice concerned, the applicant shall as soon as possible notify the registrar and any other parties to the proceedings accordingly, whereupon the proceedings so far as he is concerned shall lapse.