Land Acquisition Act (consolidated to 10-5-02) preliminary notice or the refusal by the Administrative Court to grant an order authorising or confirming the acquisition, as the case may be. (4) The Administrative Court may, on the application of an acquiring authority, order a claimant to furnish further particulars of his claim for compensation in order that the acquiring authority may make an offer of payment in full settlement of the claim, and, if necessary, the Administrative Court may postpone or adjourn a hearing for that purpose. (5) In determining any question referred to it in terms of subsection (1), the Administrative Court shall ensure that fair compensation is paid within a reasonable time in respect of the acquisition of the land concerned. 25 Advance payment of compensation (1) Where a question regarding compensation is referred to the Administrative Court for determination or on appeal, in terms of section 24 or 29 D, the acquiring authority shall— (a) on or before the date on which the opening day of the hearing is finally fixed, make a final offer of an amount by way of compensation; and (b) not later than three months after the date referred to in paragraph (a)— (i) where the compensation relates to the acquisition of agricultural land required for resettlement purposes, pay to the claimant such proportion, if any, of the amount offered in terms of paragraph (a) as would have been payable in terms of section 20nine C on the date on which the land was acquired; (ii) where the compensation relates to the acquisition of land other than agricultural land required for resettlement purposes, pay to the claimant the full amount offered in terms of paragraph (a); together with interest calculated in terms of section 29: Provided that, on application by the acquiring authority, the Administrative Court may, on good cause shown, declare that all or any of the provisions of this subsection shall not apply in any particular case. [Subsection amended by s. 13 of Act 15/2000.] (2) If after payment of an amount in terms of subsection (1) a different amount is agreed by the parties or finally determined to be payable as compensation and the amount agreed or determined— (a) is less than the amount paid in terms of paragraph (b) of subsection (1), the claimant shall, within three months, refund to the acquiring authority the difference together with the interest paid in terms of that paragraph in respect of the amount refunded; (b) is more than the amount paid in terms of paragraph (b) of subsection (1), the acquiring authority shall, within three months, pay to the claimant the difference together with interest calculated in terms of section 29 in respect of the difference paid. 26 Discharge of debt secured by mortgage bond over land Where any land acquired in terms of this Act was, immediately prior to its acquisition, mortgaged or hypothecated, the acquiring authority shall not, subject to section 27, pay out any portion of the compensation payable for that land until he is satisfied that the amount of the debt secured by such mortgage or hypothec will, so far as is possible, be paid or otherwise secured. 27 Payment of certain taxes and other moneys out of compensation Where any land is acquired in terms of this Act, the acquiring authority may, after consultation with the owner of the land or his representative, utilise a portion of the compensation payable for the land in order to pay any rate, levy, tax or other moneys on behalf of the owner of the land, where production of a receipt or certificate showing the payment of such moneys is a prerequisite for the passing of transfer of the land by the Registrar of Deeds. 28 Payment of compensation moneys to Master and retention thereof by acquiring authority in certain cases (1) If— (a) any land acquired in terms of this Act was burdened with a fidei commissum, usufruct or other like interest; or (b) compensation is payable in terms of this Act to a minor or a person incapable of managing his own affairs or whose place of residence is not known; the acquiring authority may pay the amount of the compensation payable in terms of this Part or Part VA to the Master of the High Court, and after such payment the acquiring authority shall cease to be liable in respect of that amount. [Subsection amended by s. 14 of Act 15/2000.] (2) Any moneys received by the Master in terms of subsection (1) shall, subject to the order of a competent court— (a) if the property in question was burdened with a fidei commissum, usufruct or other like interest, be subject, mutatis mutandis, to all the terms and conditions contained in the will or other instrument by which such fidei commissum, usufruct or other like interest was constituted; and (b) subject to paragraph (a), be paid into the Guardian’s Fund referred to in section 97 of the Administration of Estates Act [Chapter 6:01 for the benefit of the persons who are or may become entitled thereto, and interest shall be payable thereon as if the money had been received in terms of that Act. (3) Where moneys are paid into the Guardian’s Fund in respect of land acquired which is subject to a fidei commissum, usufruct or other like interest and all interested parties are majors and consent to the money being withdrawn from the Guardian’s Fund, or. the High Court consents to such withdrawal on behalf of any - 11 -