Expropriation Act, 1975 (Act No. 63 of 1975)RegulationsRegulations in terms of Section 25(1) of the Expropriation Act, 197519. Special case and adjudication upon questions of law or fact in pending proceedings |
| (1) | The parties to a case may, after institution of the proceedings but before the hearing thereof by the compensation court concerned, agree upon a written statement of facts in the form of a special case for adjudication by the said court. |
(2)
| (a) | The statement shall contain the facts agreed upon, the questions of law in dispute and the parties' contentions thereon in numbered paragraphs, together with copies of any relevant documents, and shall be signed by the various parties. |
| (b) | The provisions of regulations 33 and 34 shall, mutatis mutandis, apply to the set-down and notice of the hearing of a special case. |
| (3) | Should a compensation court, upon application by any party, be of the opinion that there is a question of law or of fact in the pending proceedings before it which may conveniently be decided before evidence is led or which may be decided separately from some other question, such court may prescribed, at its discretion, the settling of such question and direct that all further proceedings be suspended until then. |
| (4) | When the compensation court so decides such question, it may give judgment accordingly and determine how any remaining issues shall be tried in order to dispose of the case finally. |
| (5) | Should the issue be a question of law and should the parties agree upon the facts, the facts may be admitted and recorded at the hearing of the proceedings and the compensation court may give judgment without hearing evidence. |