Expropriation Act, 1975 (Act No. 63 of 1975)

7. Notification that property is to be expropriated or is to be used temporarily
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1)If the Minister has decided to expropriate, or to take the right to use temporarily, any property in terms of the provisions of section 2, he shall, subject to the provisions of subsection (5), cause to be served upon the owner in question an appropriate notice in accordance with the provisions of subsection (3).

 

2)The notice of expropriation shall-
a)contain a clear and full description of the property in question and, in the case of the taking of a right to use property temporarily, also of such right, as well as, in the case where only a portion of a piece of land or a real right in or over any such portion is expropriated, or a right is taken to use only such a portion, a sketch plan showing the approximate position of such portion, and state the approximate extent of such portion: Provided that whenever only a portion of a piece of land or a real right in or over any such portion is expropriated, or a right is taken to use only such a portion, the owner may, within thirty days from the date of notice, request the Minister by registered post to furnish, in accordance with subsection (3), further particulars of such portion so as to enable the owner to determine the position or extent of the said portion, and upon the furnishing of such particulars the date of the notice in which such particulars were furnished, shall, for the purposes of this Act, be deemed to be the date of notice;
b)state the date of expropriation or, as the case may be, the date as from which the property will be used, as well as the period during which it will be used, and also state the date upon which the State will take possession of the property;
c)draw the attention of the owner to the provisions of sections 9(1) and 12(3)(a)(ii);
d)if an amount is therein offered as compensation, draw the attention of the owner to the fact that if a lessee has a right by virtue of a lease contemplated in section 9(1)(d)(i) in respect of the property of which the Minister had no knowledge on the date of notice, the Minister may withdraw that offer.

 

3)Subject to the provisions of subsection (5), the Minister shall cause the notice of expropriation and all other notices and documents in connection therewith to be served by causing the original or a true copy thereof to be delivered or tendered or sent by registered post to the person in question.

 

4)If the property to be expropriated is land, the Minister shall, subject to the provisions of subsection (5), cause a copy of the notice of expropriation, or a notice to the effect that the land is being expropriated, giving the particulars of the expropriation, to be served, in the manner prescribed in subsection (3), upon every person who, according to the title deed of the land or the registers of the Registrar of Mining Titles or of any other Government office in which rights granted in terms of any law relating to prospecting or mining affairs are recorded, has any interest in that land, and, if the land is situated within the area of jurisdiction of a local authority, upon such local authority, and, if, to the knowledge of the Minister, the land is the subject of an agreement contemplated in section 9(1)(d)(ii), or a building thereon is subject to a lien contemplated in section 9(1)(d)(iii), upon the buyer or the builder.

 

5)If the whereabouts of the owner or of every owner of the property in question or of any person or every person having an interest therein, as is contemplated in subsection (4), is not readily ascertainable by the Minister, or, if by reason of the number of such owners or persons having such an interest or for any other reason, he is satisfied that service of a notice or other document in accordance with subsection (3) is not practicable, or if the property is subject to a fideicommissum and it is not known to the Minister who all the fideicommissaries are or will be, he shall, instead of or in addition to causing a notice or document or notices or documents to be published in accordance with subsection (3), cause to be published once in the Gazette and once a week during two consecutive weeks in an Afrikaans and in an English newspaper circulating in the area in which the property in question is or is situated an appropriate notice complying with the provisions of subsection (2) or containing the other document in question.