Land Acquisition Act (consolidated to 10-5-02)
46
Costs
(1) In determining any question before it, the Administrative Court may make such order as to costs as it
may deem just.
(2) The costs in connection with any proceedings before the Administrative Court shall be payable in
accordance with the scale of costs for the time being in use in the court of a magistrate in civil cases or such
other scale of costs as the Minister responsible for the administration of justice, after consultation with the
Presidents of the Administrative Court, may provide by notice in the Gazette:
Provided that if the Administrative Court is satisfied that the grounds for opposing an application in terms
of subsection (1) of section 7 are frivolous or vexatious, or that any claim for compensation submitted by any
person in terms of this Act is unreasonable, it may award costs against the person concerned in accordance
with the scale of costs for the time being in use in the High Court.
(3) Any costs awarded by the Administrative Court shall be taxed by the Registrar in terms of
subsection (2) and the taxation of such costs shall be subject to appeal to the President of the Administrative
Court.
(4) Where the Administrative Court orders any claimant to pay the whole or part of the costs of the
acquiring authority, the acquiring authority may deduct the amount so payable by that claimant from the
amount of compensation payable to him.
[Section substituted by s. 6 of Act 14/2001.]
PART IX
GENERAL
47 Regulations
(1) The Minister may by regulation provide for all matters which by this Act are required or permitted to
be prescribed or which, in his opinion, are necessary or convenient to be prescribed for carrying out or giving
effect to the provisions of this Act.
(2) Regulations made in terms of subsection (1) may provide for—
(a) the prohibition of the sale of rural land unless it has been offered for sale to the Minister or to such
other person or authority as may be specified in the regulations;
(b) notification to the Minister or to such other person or authority as may be specified in the regulations,
before control over any company or body corporate that owns rural land is transferred from one
person to another, whether through a sale or transfer of shares or otherwise.
[Subsection substituted by s. 19 of Act 15/2000.]
48 Designated valuation officers
(1) The Minister may designate as a valuation officer any person who, in the Minister’s opinion, is
qualified to carry out valuations and to exercise the other functions of a designated valuation officer in terms of
this Act:
Provided that the Minister shall not designate a person who is not a member of the Public Service unless
that person has consented to the designation.
[Subsection substituted by s. 20 of Act 15/2000.]
(2) The Minister shall provide every designated valuation officer with a certificate indicating his
appointment and the designated valuation officer shall produce such certificate to any interested person on
demand.
49 References to Compensation Court in other enactments and documents
Any reference in any other enactment or deed of title, memorandum, agreement or other document to the
Compensation Court shall be construed as a reference to the Administrative Court as constituted in terms of
Part VIII exercising, subject to any other enactment, its jurisdiction and powers in terms of this Act.
50 Amendment of Schedule
(1) The Minister may, by statutory instrument, from time to time amend the Schedule by adding any
principle thereto or by altering or deleting any principle prescribed therein.
(2) An amendment made to the Schedule in terms of subsection (1) shall not affect the compensation
payable for the acquisition of any agricultural land required for resettlement purposes, where the preliminary
notice relating to the acquisition was published before the date of commencement of the statutory instrument
effecting the amendment.
[Subsection amended by s. 23 of Act 15/2000.]
SCHEDULE (Sections 29C and 50 )(4)
[Schedule substituted by s. 21 of Act 15/2000.]
PART I
PRINCIPLES REGARDING ASSESSMENT OF COMPENSATION FOR IMPROVEMENTS
ON OR TO AGRICULTURAL LAND REQUIRED FOR RESETTLEMENT PURPOSES
1. In assessing compensation generally—
(a) the age, nature and condition of the improvements on or to the land shall be taken into account;
(b) regard shall be paid to any contribution made by the State towards the improvements concerned.
2. In valuing buildings, the quality of their construction shall be assessed according to standards set by the
Ministry responsible for housing standards for the types of building concerned. The age and condition of
the buildings shall also be taken into account.
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