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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

45. Remuneration of an assessor

 

(1) Should an assessor be a person not in the full-time employment of the State, he shall be entitled to a remuneration of not more than R86 per day for every day or part thereof on which the court is in session.

[Subregulation (1) substituted by regulation 2(a) of Notice No. R2209 dated 7 October 1983]

 

(2)

(a) An assessor who is not in the full-time employment of the State, may, in respect of every 24 hours of actual absence from his permanent place of residence in connection with business of the court, be paid an all-inclusive subsistence allowance of R59. The allowance for an imcompleted [sic] period of 24 hours shall be calculated proportionally according to the number of hours of absence: Provided that, where such absence is less than 24 hours, an amount equal to the reasonable actual expenses of such assessor shall be paid.
(b) An assessor may travel at Government expense and in such manner as he may deem fit to and from the place of session of the court and to any place which, in the opinion of the president of the court, is necessary to visit in connection with business of the court: Provided that, where an assessor makes use of his private transport under the said circumstances, he shall be entitled to a compensation of 30 cents per kilometre.

[Subregulation (2) substituted by regulation 2(b) of Notice No. R2209 in dated 7 October 1983]

 

(3) The remuneration and allowances referred in subregulations (1) and (2) shall be paid by the State:  Provided that where the services of assessors are called in by the court at the request of all the parties to the proceedings, the court shall order which party or parties shall refund the amounts referred to in the said subregulations (1) and (2) to the State.

 

(4) Any certificate issued by the registrar specifying the amount paid to the assessors in terms of subregulations (1) and (2) shall be prima facie proof of such payment, and the expropriator may deduct from any moneys due by him to any other party or parties to the case the amount which is payable by any such party or parties under an order in terms of the proviso to subregulation (3).