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

Regulations

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

37. Procedure during the hearing relating to evidence
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(1)Any witness who is not a party to a case may be ordered by the compensation court to—
(a)leave the court until his evidence is necessary or after he has given evidence; or
(b)remain in court after he has given evidence until the session is concluded or adjourned.

 

(2)After the respondent has adduced evicence [sic], the applicant shall have the right to adduce rebutting evidence on any issue in regard to which the onus rested on the respondent: Provided that should the applicant have adduced evidence on any such issue before he closed his case, he shall be precluded from adducing further evidence on that  issue.

 

(3)No provision of subregulation (2) shall prevent the respondent from cross-examining any witness who was called, at any stage, by the applicant on any issue, and the applicant shall be entitled to reexamine such wintess [sic] after such cross-examination without prejudice to the right conferred upon him by subregulation (2) to adduce evidence at a later stage on an issue on which such witness was cross-examined. The applicant may further call the witness who was so re-examined to give evidence at a later stage on any such issue.

 

(4)Where a party is represented, every witness shall be examined, cross-examined and re-examined, as the case may be, by only one representative of such party, although not necessarily the same representative.

 

(5)The applicant may, after the evidence in the case has been closed on both sides, address the court, after which the respondent may do the same and the applicant may reply to anything arising therefrom.

 

(6)The court may, notwithstanding any provision to the contrary in these regulations contained, penalise, in the award of costs, any party, where it is of the opinion that the proceedings have been unnecessarily protracted by him by calling unnecessary witnesses or by excessively lengthy examination or cross-examination or by labouring the point.

 

(7)The rules and procures of the Supreme Court in relation to the recording of proceedings in civil cases shall, mutatis mutandis, apply in relation to the proceedings before a compensation court.