Expropriation Act, 1975 (Act No. 63 of 1975)RegulationsRegulations in terms of Section 25(1) of the Expropriation Act, 197524. Variation and recission of orders |
(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is in default, with his reply or failed to appear at the hearing of the proceedings: Provided that such order shall be rescinded or varied only on good cause shown for such rescission or variation.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. |