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Upgrading of Land Tenure Rights Act, 1991 (Act No. 112 of 1991)

Chapter 1 : Conversion of Land Tenure Rights into Ownership

8. Compensation in respect of cancelled servitudes and conditions

 

(1) Any person who,has suffered any damage as a result of the cancellation of a servitude or restrictive condition under section 7(1) or (6) may, within a period of three years after such cancellation has taken effect, claim compensation for his damage from the Minister.

 

(2) The Minister shall compensate claimant the claimant for his damage, if any, in the amount agreed upon by the Minister and the claimant, or failing such agreement, in the amount determined by arbitration, in which case the provisions of the Arbitration Act, 1965 (Act No. 42 of 1965), shall apply mutatis mutandis.

 

(3) If any person other than the State was the township owner at the time of the relevant cancellation and the Minister exercises his powers under subsection (2) after consultation with such person, the Minister may recover from such person any amount paid by him as compensate to any claimant in terms of that subsection.