South African Schools Act, 1996 (Act No. 84 of 1996)Chapter 7 : General Provisions58. Expropriation |
| 1) | The Member of the Executive Council may, if it is in the public interest to do so, expropriate land or a real right in or over land for any purpose relating to school education in a province. |
| 2) | The Member of the Executive Council must give notice in the Provincial Gazette of his or her intention to expropriate in terms of subsection (1). |
| 3) | A notice contemplated in subsection (2) must – |
| a) | identify the land or any real right in or over the land; |
| b) | give interested parties an opportunity to make written submissions regarding the expropriation within a period of not less than 30 days; and |
| c) | invite any person claiming compensation as a result of the expropriation to enter into negotiations with the Member of the Executive Council in that regard, and draw attention to the provisions of subsection (5). |
| 4) | The Member of the Executive Council may, after considering all such written submissions, expropriate the land or any real right in or over the land referred to in subsection (3) by notice in the Provincial Gazette. |
| 5) | Any expropriation contemplated in subsection (4) takes effect immediately even though compensation payable in respect of such land or real right in or over such land has not been finally determined or paid. |
| 6) | If the Member of the Executive Council and an owner of the land or real right fail to reach agreement regarding the payment of compensation, either party may refer the matter to a court for determination, or they may agree to refer the dispute to an arbitrator for arbitration. |
| 7) | The arbitrator determines the time, venue and procedures, which apply in the arbitration. |
| 8) | The arbitrator determines the dispute and makes a written award giving reasons for such award as soon as possible after the arbitration, and his or her determination is binding. |
| 9) | The arbitrator may not make an award of costs. |
| 10) | The arbitrator is paid, out of moneys appropriated for this purpose by the provincial legislature, such fees and allowances as the Member of the Executive Council may determine, with the concurrence of the Member of the Executive Council responsible for finance. |
| 11) | Any transfer duty, stamp duty, other fees or costs payable as a result of any transfer of land or a real right contemplated in subsection (1) may be paid in full or in part from funds appropriated by the provincial legislature for that purpose. |
| 12) | Any claim to compensation arising from the expropriation contemplated in subsection (4) must be determined as contemplated in the Constitution and this section. |