Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)Chapter IV : Miscellaneous Provisions42E. Acquisition of land, portion of land or right in land for land reform purposes |
| (1) | The Minister may purchase, acquire in any other manner or, consistent with the provisions of section 3 of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), expropriate land, a portion of land or a right in land— |
| (i) | restoring or awarding such land, portion of land or right in land to a claimant who is entitled to restitution of a right in land in terms of section 2; or |
| (ii) | providing alternative relief as contemplated in section 6(2)(b); and |
| (b) | in respect of which no such claim has been lodged but the acquisition of which is directly related to or affected by such claim, and which will promote the achievement of the purpose contemplated in paragraph (a). |
| (2) | The Expropriation Act, 1975 (Act No. 63 of 1975), shall, with the necessary changes, apply to an expropriation under this Act, and any reference to the Minister of Public Works in that Act must be construed as a reference to the Minister for the purpose of such expropriation. |
| (3) | Where the Minister expropriates land, a portion of land or a right in land under this Act, the amount of compensation and the time and manner of payment shall be determined either by agreement or by the Court in accordance with section 25(3) of the Constitution. |
| (4) | The rules of the Court made under section 32 shall govern the procedure of the Court in the determination of compensation in terms of subsection (3). |
[Section 42E inserted by section 5 of Act 48 of 2003]