| (1) | Any person who can prove that his or her property has been expropriated in terms of any provision of this Act may claim compensation from the State. |
| (2) | When claiming compensation, a person must— |
| (a) | prove the extent and nature of actual loss and damage suffered by him or her; |
| (b) | indicate the current use of the property; |
| (c) | submit proof of ownership of such property; |
| (d) | give the history of acquisition of the property in question and price paid for it; |
| (e) | detail the nature of such property; |
| (f) | prove the market value of the property and the manner in which such value was determined; and |
| (g) | indicate the extent of any State assistance and benefits received in respect of such property. |
| (3) | In determining just and equitable compensation all relevant factors must be taken into account, including, in addition to sections 25(2) and 25(3) of the Constitution— |
| (a) | the State’s obligation to redress the results of past racial discrimination in the allocation of and access to mineral and petroleum resources; |
| (b) | the State’s obligation to bring about reforms to promote equitable access to all South Africa’s natural resources |
| (c) | the provisions of section 25(8) of the Constitution; and |
| (d) | whether the person concerned will continue to benefit from the use of the property in question or not. |
| (4) | Any claim for compensation must be lodged with the Director-General and the Minister may prescribe— |
| (a) | the manner in which such claim may be lodged; |
| (b) | the procedure to be followed by the claimant and the Director-General in respect of such claim; and |
| (c) | the time when any legal proceedings may be instituted in respect of the determination or payment of compensation as contemplated in subitem (1). |
[Item 12(4) of Schedule II substituted by section 88(a) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (5) | Despite the provisions of the Prescription Act, 1969 (Act No. 68 of 1969), prescription in respect of a claim for compensation shall only commence to run— |
| (a) | when the claimant has been informed in writing by the Director-General that he or she has denied the validity of the claim and the claimant has not appealed against such denial in terms of section 96; or |
| (b) | where a claimant decides to appeal the denial of the Director-General in terms of section 96, when the claimant has been informed in writing by the Minister of the confirmation of the said denial; or |
| (c) | 180 days after the claimant has been informed in writing that the Director-General has refused a determination and payment of compensation. |
[Item 12(5) of Schedule II inserted by section 88(b) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (6) | On the occurrence of any of the event described in subitems (5)(a) to (c)— |
| (a) | to the extent that they may be applicable, the provisions of sections 10(4), (5), (7) and (8), 14, 15, 19, 21 of the Expropriation Act, 1975 (Act No. 63 of 1975), apply with necessary changes to a claim made in terms of subitem (1); and |
| (b) | the claimant may issue proceedings in a court of law for the determination and payment of compensation, but not before. |
[Item 12(6) of Schedule II inserted by section 88(b) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (7) | The provisions of this item do not apply to expropriation of property in terms of section 55 of the Act. |
[Item 12(7) of Schedule II inserted by section 88(b) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
