Land Survey Act, 1997 (Act No. 8 of 1997)RegulationsRegulations promulgated in terms of Section 10 of the Land Survey Act, 1997 (Act No. 8 of 1997)28. Arbitration proceedings |
| (1) | Any person who has called upon a contiguous owner to sign an agreement in terms of subsection (2) of section 29 of the Act, shall preserve a record of the hour and day on which, and the place at which, he or she so called upon him or her, or if he or she called upon him or her in writing, he or she shall preserve a copy of the letter and any reply thereto he or she shall receive. In the event of such contiguous owner refusing to sign the agreement, the person calling upon him or her to do so shall, if possible, obtain the signature of such owner to such record of such day, hour and place, and also the signature of any witness present. |
| (2) | Whenever it becomes necessary to proceed to arbitration in terms of the Act, the Surveyor-General shall serve notice as presented upon every owner concerned, or to his or her fully authorised agent, requiring him or her within a period of one month after the date of notification, or if he or she was not in South Africa upon such date, within three months thereafter, to complete and sign before two witnesses, and to return to him or her, a deed of submission substantially in the following form:- |
DEED OF SUBMISSION
I, .......................................... the registered owner of the piece of land called, .......................... situate at ................................. in the district of ........................... Province of ................................ hereby undertake to submit the question of the disputed beacon and boundary common to the land called ................................. and to the land called to the decision of an arbitrator or arbitrators to be appointed by the Surveyor-General of the said province under the provisions of Act No 8 of 1997, and to accept ................................... award in regard to such beacon and boundary, and to the costs of or incidental to such arbitration as final and conclusive. I further agree that, for the purpose of giving effect to any award or order made in terms of the arbitration this deed shall be deemed to be a submission under the laws relating to arbitration in the Province of ............................ and that at the instance of either party it may be made the subject of an order of court.
(Signed) ......................................... |
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Witnesses (2): (Signed) ......................................... |
(Signed) ......................................... |
| (3) | Upon receipt of deeds of submission from every owner affected by an objection, or from his or her duly authorised agent, the Surveyor-General shall appoint an arbitrator or arbitrators to determine the matter in dispute, but shall, unless he or she deems it otherwise desirable, appoint one arbitrator only. If, however, half or more than half of the persons affected by the objection demand that more than one arbitrator shall be appointed, he or she shall appoint at least three arbitrators: Provided that in no circumstances shall he or she appoint more than one arbitrator for the settlement of a dispute under section 25 of the Act. In the event of three arbitrators being appointed, the decision of any two of them shall determine all questions under submission. |
| (4) | Before any arbitrator enters on a reference under the Act he or she shall make and subscribe to the following declaration before a justice of peace or commissioner of oaths: |
I, ..........................................................., do solemnly and sincerely declare that I will faithfully and honestly, without fear or favour, and to the best of my skill and ability, hear and determine the matter referred to me under the Land Survey Act, 1997 (No 8 of 1997).
| (5) | The appointment of an arbitrator shall not be revoked without the consent of all parties affected by the objection, nor shall the death of any such party act as the revocation of an appointment. |
| (6) | An arbitrator or arbitrators shall submit his or her or their award to the Surveyor-General within sixty days after his or her or their appointment, but the Surveyor-General may for particular reasons to be recorded in writing extend the time in which the award may be made. |
| (7) | If an arbitrator dies or becomes incapable of acting before making his or her award, or fails or refuses to make his or her award within sixty days after his or her appointment, or within such extended period as may have been allowed by the Surveyor-General, the Surveyor-General shall appoint another arbitrator in his or her place. Every arbitrator so appointed shall have the same powers and authorities as were vested in the arbitrator in whose place the appointment is made. |
| (8) | An arbitrator acting under a submission shall have the power to summon and hear witnesses, to administer oaths or take affirmations, to call for the production of papers and documents, and to enter upon and inspect any land for the purpose of determining the matter in dispute. |
| (9) | The issue of a subpoena or summons on a witness to compel his or her attendance, and the production of documents before an arbitrator may be procured by such arbitrator or by any party to a submission, in the same way and subject to the same conditions as if the matter were an action pending in a magistrate's court. |
| (10) | The parties affected by an objection shall submit to be examined by the arbitrator or arbitrators upon oath or affirmation in relation to the question in dispute and to all matters appertaining thereto, and shall produce before the arbitrator or arbitrators all documents within their possession or power respectively which he or she or they may call for or require, and shall do all other things which during the arbitration the arbitrators may require in connection therewith. Any party affected by an objection shall have the right to be represented by counsel or an attorney or both. |
| (11) | As far as possible, written notes shall be taken of the oral evidence of witnesses by the arbitrator or arbitrators before whom it is given, and such notes shall be submitted to the Surveyor-General, together with the award, for purposes of record. |
| (12) | The arbitrator or arbitrators may proceed ex parte in case any party to a dispute or any person affected by an objection, after reasonable notice has been given to him or her, shall neglect or refuse to attend on a reference. |
| (13) | In every award the arbitrator or arbitrators shall direct by whom the cost of and consequent upon arbitration, or any part thereof, shall be paid, and may decide upon or tax the amount of the cost or part thereof to be so paid except the fees payable to the arbitrator or arbitrators: Provided that if no direction be given as to the scale on which costs are to be taxed they shall be taxed according to the tariff allowed in magistrates' courts. |
| (14) | The scale of the fees to be paid to an arbitrator shall be determined by the Surveyor-General prior to the appointment of such arbitrator, and the Surveyor-General may, upon such appointment being made, require that the parties affected by an objection, or any of them, shall deposit with him or her a sum of money equal to the estimated amount of the fees of the arbitrator, and of the expenses which will be incurred by him or her in travelling and subsistence, or shall give satisfactory security therefor. In case the amount of such fees and expenses is subsequently found to exceed the deposit, the Surveyor-General may withhold the award until the amount of the excess has been paid. The amount due to an arbitrator by way of fees, on the scale determined by the Surveyor-General as aforesaid, and by way of travelling and subsistence expenses, shall be taxable by the Surveyor-General. |
| (15) | The Surveyor-General shall certify in writing the amount due by any person affected by an objection. Such certificate shall be final, and the person named therein shall be indebted to the Surveyor-General in the amount stated therein: Provided that the Surveyor-General may rectify any error in such certificate. |