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Administrative Court Land Acquisition Rules 1998(Statutory Instrument 394 of 1998)

Statutory Instrument 394 of 1998

Administrative Court Land Acquisition Rules 1998

SIs 394/1998, 143A/2004, 172/2004, 11/2005.

ARRANGEMENT OF RULES

  1. Reference to Court of question relating to acquisition of part of piece of land.
  2. Application to Court for authorising or confirming order, and set-down and hearing thereof.
  3. [Repealed]
  4. Reference to Court of disputes concerning compensation: and other than designated rural land.
  5. Appeal against determination that land is derelict.
  6. Other applications in terms of Land Acquisition Act.
  7. [Repealed]
  8. Set-down for hearing.
  9. Heads of argument.
  10. Address for service.
  11. Service of process.
  12. Departure from rules.

First Schedule: Appropriate Fees

Second Schedule: Forms

IT is hereby notified that the Chief Justice and the Minister of Justice, Legal and Parliamentary Affairs, in terms of section 12 of the Administrative Court Act [Chapter 7:01], have approved the following rules made by the Presidents of the Administrative Court:—

  1. Title

These rules may be cited as the Administrative Court (Land Acquisition) Rules, 1998.

2. Interpretation

  • In these rules—

“appropriate fee” means the fee prescribed for the matter concerned in the First Schedule;

“authorising or confirming order” means an order in terms of section 7 of the Land Acquisition Act authorising or confirming, as the case may be, the acquisition of land;

“form” means the appropriate form prescribed in the Second Schedule;

“Land Acquisition Act” means the Land Acquisition Act [Chapter 20:10];

  • Any word or expression to which a meaning has been assigned in the Land Acquisition Act shall bear the same meaning in these rules.
  • Any reference in these rules to the acquisition of land shall be construed as including—
  • the taking of materials from land; or
  • the acquisition of any other property or any interest or right in property, where the Land Acquisition Act applies to such an acquisition.

(4) Where anything is required by these rules to be done within a particular number of days, a Saturday, Sunday or public holiday shall not be reckoned as part of such period.

[Subrule inserted by s.i 143A of 2004]

  1. Reference to Court of question relating to acquisition of part of piece of land

(1) Where an acquiring authority wishes, in terms of subsection (2) of section 6 of the Land Acquisition Act, to refer to the Court a question whether or not he must acquire the whole of a piece of land, he shall lodge with the Registrar a notice in form LA 1 accompanied by—

  • a copy of the preliminary notice of intention to acquire part of the land concerned; and
  • a copy of the notice calling upon the acquiring authority to acquire the whole of the piece of and concerned; and
  • an affidavit setting out the facts relied upon by the acquiring authority; and (d) the appropriate fee.
  • As soon as possible after lodging a notice and documents referred to in subrule (1) with the Registrar, the acquiring authority shall cause them to be served on the owner of the land concerned.
  • Within fifteen days after being served with documents in terms of subrule (2), the owner of the land concerned may lodge with the Registrar an affidavit setting out the facts on which he relies and shall cause a copy of any such affidavit to be served as soon as possible on the acquiring authority.

4. Application to Court for authorising or confirming order, and set-down and hearing thereof

[Heading substituted by s.i 143A of 2004.]

(1) An application for an authorising or confirming order shall be lodged with the Registrar in form LA 2 and shall—

  • describe the land concerned; and
  • state the names and addresses of the persons to whom notice of the application has been given in terms of subsection (3) of section 7 of the Land Acquisition Act; and (c) be accompanied by—

(i) an affidavit attested by or on behalf of the acquiring authority and setting out the purpose of the acquisition of the land concerned; and (ii) the appropriate fee.

(1a) An application lodged in terms of subsection (1) may be accompanied by any other statement (whether sworn or unsworn) or documentation that the applicant may wish to submit in support of the application.

[Subrule inserted by s.i 172 of 2004.]

  • Notice of an application for an authorising or confirming order shall be given in terms of subsection (3) of section 7 of the Land Acquisition Act in form LA 3 and shall be accompanied by copies of the application and the affidavit referred to in paragraph (c) of subrule (1).
  • Any person who wishes to oppose the grant of an authorising or confirming order shall, within five days after receiving notice of the application for the order in terms of subrule (2)—

[Subrule amended by s.i 143A of 2004.]

  • lodge with the Registrar a notice in form LA 4—
    • specifying clearly the nature of his objections; and
    • accompanied by an affidavit setting out any facts relied on by him; and
  • serve a copy of the notice and any affidavit referred to in paragraph (a) on the acquiring authority.

(3a) A notice lodged in terms of subsection (3) may be accompanied by any other statement (whether sworn or unsworn) or documentation that the respondent may wish to submit in support of the application.

[Subrule inserted by s.i 172 of 2004.]

(4) An application for an authorizing or confirming order shall not be set down for hearing unless—

  • where an applicant is to be represented by a legal practitioner at the hearing of the application, the legal practitioner—
    • within a reasonable time of receiving a notice of opposition to the grant of an authorizing or confirming order, lodges with the Registrar heads of argument clearly out-lining the submissions he intends to rely on and setting out the authorities, if any, which he intends to cite; and

[Paragraph amended by s.i 172 of 2004.]

  • immediately afterwards, delivers a copy of the heads of argument to the person (hereinafter called “the respondent ”) opposing the grant of an authorizing or confirming order and lodges with the Registrar proof of such delivery;
  • where a respondent is to be represented by a legal practitioner at the hearing of the application, the legal practitioner—
    • within five days of receiving a copy of the heads of argument in terms of subparagraph (ii) of (a), lodges with the Registrar heads of argument clearly outlining the submissions he intends to rely on and setting out the authorities, if any, which he intends to cite; and

[Subparagraph amended by s.i 11 of 2005.]

  • immediately afterwards, delivers a copy of the heads of argument to the applicant and lodges with the Registrar proof of such delivery.

[Subrule inserted by s.i 143A of 2004]

(5) Where heads of argument that are required to be lodged in terms of paragraph (b) of subrule (4) are not lodged on behalf of the respondent within the period specified in that provision—

  • the applicant may, at any time before the matter is set down for hearing in terms of subrule (8), and without notice to the respondent, apply to a President of the Court in chambers for the Application for an authorizing or confirming order to be granted by default; or
  • if no chamber application in terms of paragraph (1) is made or granted, the respondent concerned shall be barred and the Court may deal with the matter on the merits.

[Subrule substituted by s.i 172 of 2004.]

  • Where an applicant or respondent is not to be represented at the hearing by a legal practitioner, he may, if he so wishes, lodge heads of argument with the Registrar, in which event he shall comply with paragraph (a) or paragraph (b), as the case may be, of subrule (4).
  • After the affidavits referred to in subrules (1) and (3) (together with any statements or other documents referred to in subrules (1a) and (3a)) and heads of argument referred to in subrule (4) have been lodged with the Registrar, no further papers may be lodged without leave of the Court.

[Subrule substituted by s.i 172 of 2004.]

  • As soon as possible after the time has elapsed for—
  • a person who wishes to object to the grant of an authorizing or confirming order to lodge a notice in terms of subrule (3); or
  • a person to lodge heads of argument where he is required or chooses to do so in terms of subrule (4) or

(6);

as the case may be, the Registrar shall set the matter down for hearing on a date and at a time and place selected by him in accordance with any instructions given to him by a President of the Court, and he shall forthwith give notice of the date, time and place to the parties to the application:

Provided that all the parties shall receive not less than two days’ notice of the date, time and place of the hearing.

[Subrule inserted by s.i 143A of 2004 and amended by s.i 172 of 2004]

(9) A legal practitioner shall not be precluded from making a submission or citing an authority that was not outlined or set out in the heads of argument lodged in terms of subrule (4), unless the Court considers that—

  • the submission or authority was omitted from the heads of argument with the intention of misleading the other party; or
  • to permit the legal practitioner to make the submission or cite the authority would prejudice the other party in a manner that could not be remedied adequately by a postponement or an appropriate order of costs.

[Subrule inserted by s.i 143A of 2004]

(10) At the hearing of an application for an authorizing or confirming order—

  • unless the court otherwise orders, the applicant shall be heard in argument in support of the application, and thereafter the respondent’s argument against the application shall be heard and the applicant shall be heard in reply;
  • the Court may allow oral evidence:

Provided that if one of the parties has been barred the Court shall deal with the application as though it were unopposed.

[Subrule inserted by s.i 143A of 2004]

  1. ….

[Rule repealed by s.i 143A of 2004.]

6. Reference to Court of disputes concerning compensation: land other than designated rural land

(1) Where an acquiring authority or a claimant wishes to refer to the Court in terms of subsection (2) of section 24 of the Land Acquisition Act any question relating to—

  • the claimant’s right to compensation in terms of the Land Acquisition Act; or
  • the amount of compensation payable to the claimant in terms of Part V of the Land Acquisition Act; he shall lodge with the Registrar a notice in form LA 6 accompanied by—
    • a copy of the preliminary notice and any order in terms of subsection (1) of section 8 of the Land Acquisition Act relating to the land concerned; and
    • a copy of the claim for compensation submitted in terms of subsection (1) of section 22 of the Land Acquisition Act; and
    • where the dispute relates to the amount of compensation payable—
      1. a statement of the latest offer of compensation made by the acquiring authority; and
      2. where the notice is being lodged by the acquiring authority, a statement of the basis on which the compensation was offered; and
      3. where the notice is being lodged by the claimant, a statement of the amount of compensation he considers he should be paid and the basis on which it should be assessed;

and

  • the appropriate fee.
  • As soon as possible after lodging a notice and documents referred to in subrule (1) with the Registrar, the acquiring authority or claimant, as the case may be, shall cause them to be served on the other party to the application.
  • Within fifteen days after being served with documents in terms of subrule (2), a party to an application may lodge with the Registrar an affidavit setting out his contentions in regard to the reference and the facts on which he relies, and shall cause a copy of any such affidavit to be served as soon as possible on the other party.

7. Appeal against determination that land is derelict

(1) Where a person wishes to appeal against a declaration by the Derelict Land Board in terms of subsection (5) of section 42 of the Land Acquisition Act that any land is derelict, he shall lodge with the Registrar a notice of appeal in form LA 7 accompanied by—

  • a copy of the declaration appealed against or a precise description of the land concerned; and
  • an affidavit setting out the facts on which he relies for his contention that the land concerned is not derelict; and
  • the appropriate fee.
  • As soon as possible after lodging a notice and documents referred to in subrule (1) with the Registrar, the appellant shall cause them to be served on the chairman or secretary of the Derelict Land Board.
  • Within fifteen days after being served with documents in terms of subrule (2), the Derelict Land Board shall lodge with the Registrar—
  • a copy of the report of the Chief Land Officer which gave rise to the Board’s declaration in regard to the land concerned; and
  • a copy of the notice published in terms of subsection (1) of section 42 of the Land Acquisition Act in regard to the land concerned; and
  • a copy of the minutes or other record of the Board’s proceedings at which it considers declaring the land concerned to be derelict; and
  • an affidavit setting out the grounds on which the Board’s declaration was based; and as soon as possible thereafter shall cause copies of the documents to be served on the appellant.

8. Other applications in terms of the Land Acquisition Act

(1) Where a person wishes to make an application to the Court in terms of the Land Acquisition Act, other than an application referred to in section 4 or 6, he shall lodge with the Registrar—

  • a notice setting out the nature of the application and the grounds on which it is made; and
  • where any facts are relied on to support the application, an affidavit by a person who can swear positively to those facts.
  • As soon as possible after lodging documents referred to in subrule (1) with the Registrar, the applicant shall cause them to be served on the other party to the application.
  • Within five days after being served with documents in terms of subrule (2), a party to an application may lodge with the Registrar a document setting out his contentions in regard to the application and the facts on which he relies, and shall cause a copy of any such affidavit to be served as soon as possible on the other party:

Provided that, if the party relies on any facts in opposing the application, he shall lodge an affidavit verifying those facts.

9 ….

[Rule repealed by s.i 143A of 2004.]

10. Set-down for hearing

(1) As soon as possible after the time has elapsed for—

  • an owner of land to lodge an affidavit in terms of subrule (3) of rule 3; or
  • ……

[Paragraph repealed by s.i 143A of 2004.]

  • a claimant or acquiring authority to lodge an affidavit in terms of subrule (3) of rule 5 of subrule (3) of rule 6; or
  • the Derelict Land Board to lodge documents in terms of subrule (3) of rule 7; or
  • a respondent in an application to lodge documents referred to in subrule (3) of rule 8; the Registrar shall set the matter down for hearing on a date and at a time and place selected by him in accordance with any instructions given to him by a President of the Court, and he shall forthwith give notice of the date, time and place to all interested parties:

Provided that all the parties shall receive not less than five days’ notice of the date, time and place of hearing.

(2) Where an application is to be considered in connection with an appeal, the Court may proceed to determine the appeal immediately after determining the application.

11. Heads of argument in matters other than applications for authorizing or confirming orders

[substituted by s.i 143A of 2004.]

  • At any time after he has received all the papers in an application, appeal or reference to which these rules apply (other than an application governed by rule 4), the Registrar may call upon all or any party who is represented by a legal practitioner to lodge with the Registrar, within such reasonable period as the Registrar may specify, a document setting out the main heads of his argument together with a list of authorities to be cited in support of each head.

[Subrule amended by s.i 143A of 2004.]

  • A party who is called upon to lodge heads of argument in terms of subrule (1) shall comply with the request within the period specified by the Registrar, and immediately after doing so shall deliver a copy of the document to every other interested party whom he knows or has reason to believe will appear at the hearing of the application, appeal or reference.

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