Expropriation Act, 1975 (Act No. 63 of 1975)RegulationsRegulations in terms of Section 25(1) of the Expropriation Act, 197527. Withdrawal, settlement and waiver of rights |
(1)
| (a) | Any person instituting proceedings may, at any time before the matter has been set-down and thereafter by consent of the parties or leave of the president as referred to in regulation 16(1)(v), withdraw such proceedings, in any of which events he shall deliver a notice of withdrawal wherein he consents to pay costs, which shall be taxed by the taxing master on the request of the other party. |
| (b) | Consent to pay costs as comtemplated [sic] in paragraph (a) shall have the effect of an order of the compensation court for such costs. |
| (c) | Should the notice of withdrawal not contain any consent to pay costs, the other party may apply to the compensation court by notice for an appropriate order as to costs. |
| (2) | Any party in whose favour any determination of compensation has been made may waive such determination either in whole or in part by delivering a notice to this effect, and where there has been a waiver in part, only the remaining portion of the award shall hold. The provisions of subregulation (1) relating to costs shall, mutatis mutandis, apply in the case of a notice delivered under this subregulation unless the compensation court on application by notice otherwise orders or the parties otherwise agree. |
| (3) | When a settlement has been reached or the parties agree to postpone or withdraw, it shall be the duty of the applicant immediately to inform the registrar accordingly. |
| (4) | Any party to any settlement in writing not yet carried out may, unless the application has been withdrawn, request a determination of compensation in accordance with the settlement on at least seven days notice to all other parties. |
| (5) | Anyone of the parties may at any time apply to the compensation court to note the provisions of a settlement of the case. The compensation court may make such deed of settlement an order of the court. |
| (6) | Such application shall take place after notice, unless the application is made in the court during any proceedings where the other party is represented or when a written waiver of this right (which may be contained in the deed of settlement) is submitted to the court by such other party. |
| (7) | The applicant shall, at the hearing of the application, file with the court a deed of settlement signed by the parties to the case and, if no objection is raised by any other party, the court shall note that the case has been settled in pursuance of the provisions contained in the deed of settlement, and thereafter all further proceedings, save as provided hereunder, shall be discontinued. |
| (8) | Where the deed of settlement provides for the future compliance with specific conditions by any party and such conditions are not complied with by such party, the other party may request an order in pursuance of the provisions of the deed of settlement at any time within 12 months of the first-mentioned party's having failed to comply with such conditions. Such application shall take place after notice to the party alledged [sic] to be in default, setting forth the details of the breach of the conditions of the deed of settlement by the said party. |
| (9) | The compensation court may, after hearing the parties— |
| (a) | dismiss the application; |
| (b) | give an order in pursuance of the deed of settlement; |
| (c) | set aside the deed of settlement and issue such orders for the further continuation of the case as the court may deem necessary or expedient; |
| (d) | make such order as to costs of the application as the court may deem necessary or expedient. |