Related documents
- Is amended by National Transport Corporation Act, 1987
Expropriation Ordinance, 1978
Ordinance 13 of 1978
- Published in Official Gazette 3796 on 24 July 1978
- Assented to on 14 July 1978
- Commenced on 24 July 1978
- [This is the version of this document from 1 July 1988 and includes any amendments published up to 6 December 2024.]
- [Amended by National Transport Corporation Act, 1987 (Act 21 of 1987) on 1 July 1988]
1. Definitions
Unless the context otherwise indicates -2. Power of Executive Committee to expropriate or otherwise acquire property for public and certain other purposes or to take the right to use property temporarily for public purposes
3. Executive Committee may confer its powers in relation to land in terms of this Ordinance upon a local authority
4. Inspection of property for purposes of expropriation or taking of right of temporary use
5. Provisions applicable to the notice that property is to be expropriated or is to be used temporarily
6. Passing of ownership in respect of expropriated property and exercise of right to use property temporarily
7. Duties of owner whose property has been expropriated or which is to be used by the Administration
8. Consequences of failure by owner to inform Executive Committee concerning compensation offered or desired, further offer by Executive Committee, and failure to institute action
9. Basis upon which compensation is calculated
10. Payment of compensation in respect of certain unregistered rights in respect of expropriated land
11. Determination of compensation by magistrate’s court or South West Africa Division of Supreme Court
12. Orders as to costs
13. Effect of application for determination of compensation, and of noting of appeal
Notwithstanding any application in terms of the provisions of section 11(1) for the determination of compensation, or an appeal against the decision of a court contemplated in that section, the other provisions of this Ordinance shall apply as if no such application had been made or no such appeal had been noted.14. Discharge of debt secured by mortgage bond over immovable property, and payment of compensation in case of certain unregistered rights affected by expropriation
15. Payment of certain taxes and other moneys out of compensation moneys
16. Deposit of compensation money with Master and retention thereof by Executive Committee in certain cases
17. Termination of unregistered rights in respect of expropriated land
If a notice of expropriation relates to the expropriation of land, all rights in respect of that land which are not registered or recorded against the title deed of the said land or in an office contemplated in section 5(4), shall terminate on the date of expropriation and the Administration shall, subject to the provisions of sections 10 and 14, not be obliged to pay any compensation for such rights.18. Withdrawal of expropriation
19. Assignment of powers and duties by Executive Committee
The Executive Committee may either generally or in relation to particular property or in any particular case assign to an officer in the service of the Administration any power or duty conferred or imposed on him by or in terms of the provisions of this Ordinance, other than a power contemplated in sections 18 and 20.20. Regulations
The Executive Committee may make such regulations as it deems necessary or expedient for achieving the objects and purposes of this Ordinance.21. Application of Ordinance
22. Repeal of laws
Subject to the provisions of section 23(1), the Expropriation Ordinance, 1967 (Ordinance 32 of 1967), and the Expropriation Amendment Ordinance, 1970 (Ordinance 19 of 1970), are hereby repealed.23. Provisions applicable in the case of matters pending at commencement of this Ordinance
24. Short title
This Ordinance shall be called the Expropriation Ordinance, 1978.History of this document
01 July 1988 this version
Amended by
National Transport Corporation Act, 1987
24 July 1978
Commenced
14 July 1978
Assented to
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