Expropriation Act, 1975 (Act No. 63 of 1975)RegulationsRegulations in terms of Section 25(1) of the Expropriation Act, 197521. Proceedings immediately preceding the hearing of the application for the determination of compensation by a Compensation Court |
| (1) | A compensation court may, before proceeding to the hearing of an application for the determination of compensation, direct that the parties set forth concisely the questions of fact and of law that are at issue and may note the points at issue so set forth. |
| (2) | When it appears from the documents to a compensation court that there are various questions of fact at issue and such court is of the opinion that the deciding of anyone of such issues may settle the whole matter or materially curtail the proceedings, such court may require the parties to deal with that issue before proceeding with other issues and such court may thereupon give final judgment without dealing with such other issues. |
| (3) | Should the issue be a question of law and the parties agree in regard to the facts, the facts before the compensation court may be admitted by the parties, either by verbal or by written statement, and be noted by the compensation court and judgment may be given thereon without further evidence. |
| (4) | When questions of law and of fact arise in the same proceedings and the compensation court is of the opinion that the dispute can be dealt with solely on the questions of law, then such court may require the parties to argue only those questions and may give its decision thereon before evidence is taken regarding the questions of fact at issue and may give final judgment without dealing with such questions of fact. |
| (5) | The president may, before the hearing of an application for the determination of compensation is proceeded with, call the parties into his chambers with a view to securing agreement on any matters likely to curtail the proceedings. |