Housing Act, 1997 (Act No. 107 of 1997)

Notices

Notice of Expropriation

Notice No. 932 of 2005
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Notice No. 932 of 2005

 

CITY OF TSHWANE METROPOLITAN MUNICIPALITY

LEGAL AND SECRETARIAL SERVICE DEPARTMENT

LEGAL SERVICE DIVISION

OFFICE OF THE GENERAL MANAGER

 

THIS NOTICE IS ADDRESSED TO:

The parties described in the attached schedule under Item D thereof as "Owners" and which expression includes to mean the executor in the estate of an Owner deceased, or the trustee or liquidator in the insolvent estate of an Owner, or if the Owner of the Property is under legal disability his/her legal representative and includes the authorised representative of the Owner in the Republic.

 

PLEASE TAKE NOTICE THAT the City of Tshwane Metropolitan Municipality (hereinafter referred to as "the Municipality") in terms of the powers vested in the Municipality by Section 9(3)(a) of the Housing Act, 1997 (Act 107 of 1997) ("the Housing Act") read with and in terms of Section 1, 6 to 15, 18 to 23 of the Expropriation Act. 1975 (Act 63 of 1975) ("the Expropriation Act), HEREBY EXPROPRIATES the following properties for housing purposes:

those properties described under the names of the respective owners in the attached schedule under item A thereof ("the Properties") and a description of the approximate extent of each property being expropriated described under Item C of the schedule and the approximate location of the area being expropriated, depicted on the attached plans/maps of the respective Properties held by the Owners under Deeds of Transfer, as described under Item B in the attached schedule.

 

PLEASE TAKE FURTHER NOTICE:

 

1)That the Expropriation Date is the 30th day of JUNE 2005, from which date ownership in the Properties shall vest in the Municipality.

 

2)That the Municipality shall take possession of the Properties on the 1st day of SEPTEMBER 2005.

 

3)That no compensation is offered to the Owner by the Municipality in terms of the expropriation notice and the Owners' attention is drawn to the provisions described hereinafter with regards the claim for compensation.

 

4)Of the provisions of Section 9(1) of the Expropriation Act, read with Section 9(3)(b) of the Housing Act, which provides that:

 

"(1) An owner whose property has been expropriated in terms of this Act, shall, within sixty days from the date of notice in question, deliver or cause to be delivered to the Minister a written statement indicating-

 

a)if any compensation was in the notice of expropriation offered for such property, whether or not he accepts that compensation and, if he does not accept it, the amount claimed by him as compensation and how much of that amount represents each of the respective amounts contemplated in section 12 (1) (a) (i) and (ii) or (b) and full particulars as to how such amounts are made up;
b)if no such compensation was so offered, the amount claimed as compensation by him .and how much of that amount represents each of the respective amounts contemplated in section 12 (1) (a) (i) and (ii) or (b) and full particulars as to how such amounts are made up;
c)if the property expropriated is land and any amount is claimed in terms of paragraph (a) or (b), full particulars of all improvements thereon which, in the opinion of the owner, affect the value of such land:

if the property being expropriated is land -

i)which prior to the date of notice was leased as a whole or in part by unregistered lease, the name and address of the lessee, and accompanied by the lease or a certified copy thereof, if it is in writing, or full particulars of the lease, if it is not in writing;
ii)which, prior to the date of notice, was sold by the owner, the name and address of the buyer, and accompanied by the contract of purchase and sale of a certified copy thereof;
iii)on which a building has been erected which is subject to a builder's lien by virtue of a written building-contract, the name and address of the building, and accompanied by the building contract or a certified copy thereof;
d)the address to or at which the owner desires that further documents in connection with the expropriation may be posted or delivered or tendered.

 

Provided that the Municipality may at its discretion extend the said period of sixty days, and that, if the Owner requests the Municipality in writing within thirty days as from the date of notice to extend the said period of sixty days, the Municipality shall extend such period by a further sixty days."

 

5)Of the provisions of Section 12(3)(a)(ii) of the Expropriation Act (read with Section 9(3)(b) of the Housing Act) which provides that

 

"(3) (a) Interest at the standard interest rate determined in terms of section 26 (1) of the Exchequer Act, 1975 (Act 66 of 1975), shall, subject to the provisions of subsection (4), be payable from the date on which the State takes possession of the property in question in terms of section 8 (3) or (5) on any outstanding portion of the amount of compensation payable in accordance with subsection (1)."

 

and the provisions of sub-section 12(3)(a)(ii) of the Expropriation Act which provides:

"(ii) if the owner fails to comply with the provisions of section 9 (1) within the appropriate period referred to in the said section, the amount so payable shall during the period of such failure and for the purpose of the payment of interest be deemed not to be an outstanding amount"

 

6)Of the provisions of Section 14(3) of the Expropriation Act, which provides that:

"If the owner of expropriated property fails to comply with the provisions of section 9 (1) (d) (i) and the Municipality did not, prior to the payment of any compensation money to the owner, become aware of the existence of the lease in respect of such property, the Municipality shall not be obliged to pay compensation to the lessee concerned in respect of the termination of his rights, but such owner shall be liable to any such lessee for damage sustained by him in consequence of the termination of his rights."

 

7)Of the provisions of Section 19(1) of the Expropriation Act, read with Section21(4) of the same Act, which provides that:

"If the property, expropriated under the Act was immediately prior to the date of expropriation encumbered by a mortgage bond and the owner and the mortgagee have not notified the Municipality in terms of section 19 in regard to the payment of compensation or the terms of compensation being paid, then the Municipality shall, subject to the provisions of section 19 (3) pay the amount of such compensation to the Master of the High Court."

 

8)Please take further notice that all response in terms of this Notice of Expropriation must be addressed to

Room 223, 2nd Floor, Old Raadsaal Building

Church Square, Pretoria

PO Box 6338, PRETORIA 0001

REFERENCE: MR K C ROSENBERG

 

9)That the attached schedules/plans of the expropriated areas forms an integral part of this expropriation notice.

 

General Manager: Legal Services

22 June 2005

 

(Notice No 655/2005)

 

[The table hereafter is available in Government Gazette No. 27684 dated 24 June 2005]