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

Regulations

Regulations in terms of Section 25(1) of the Expropriation Act, 1975

24. Variation and recission of orders

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(1)A compensation court shall have the right to rescind or vary, mero motu or upon the application of any party affected, any order which—
(a)was erroneously sought or erroneously made in the absence of any party affected thereby;
(b)contains an ambiguity or a patent error or omission, but only to the extent of such ambiguity, error or omission;
(c)was made as the result of a mistake common to the parties concerned;
(d)was made because the respondent is in default, with his reply or failed to appear at the hearing of the proceedings: Provided that such order shall be rescinded or varied only on good cause shown for such rescission or variation.

 

(2)Any party applying under this regulation shall give notice of his application to all parties whose interests may be affected by any rescission or variation sought.

 

(3)The compensation court shall not rescind or vary any order unless it is satisfied that all parties whose interests may be affected have notice of the rescission or variation proposed.