Hargovan and Others v Minister of Agriculture

• Jurisdiction: South Africa
• Judge: Henning J
• Judgment Date: 16 July 1971
• Citation: 1971 (4) SA 257 (D)
• Court: Durban and Coast Local Division

Hargovan and Others v Minister of Agriculture
1971 (4) SA 257 (D)

1971 (4) SA p257

Citation	1971 (4) SA 257 (D)
Court	Durban and Coast Local Division
Judge	Henning J
Heard	December 7, 1970; December 8, 1970; December 9; 1970; June 7, 1971; June 8, 1971
Judgment	July 16, 1971

Flynote : Sleutelwoorde E

Expropriation — For university purposes — Increase in value due to proximity to university — Not taken into account in determining compensation payable — Act 55 of F 1965, sec. 8 (4) (f).

Headnote : Kopnota

In assessing the amount of compensation payable in respect of land expropriated for "university purposes", the Court, having regard to section 8 (4) (f) of Act 55 of 1965, left out of account the increase in value of the land due to its proximity to the university.

Case Information

Action for payment for land expropriated. Facts not material to G this report have been omitted.

J. M. Didcott, S.C. (with him D. B. Friedman), for the plaintiffs.

W. H. Booysen, for the defendant.

Cur adv vult.

Postea (July 16th). H

Judgment

Henning, J.:

The issue in this action is the amount of compensation payable by the State to the plaintiffs consequent upon the expropriation of their land in Westville in terms of the Expropriation Act, 55 of 1965. Notice of expropriation was served upon the plaintiffs on 18th December, 1969, and in terms of the notice, read with sec. 4 (3) of the Act, the

1971 (4) SA p258

Henning J

expropriation took effect on 17th January, 1970. In terms of sec. 6 A (1) the defendant offered, and in terms of secs. 6 A (4), 6 A (6) and 2 (1) of the Act paid, the sum of R21 000 as compensation for the expropriation.

At the time of the expropriation the land consisted of two A unimproved plots numbered 1024 and 1025, in extent 4 acres 1 rood 29 perches and 2,5 acres respectively. The land is situated on the southern bank of the Palmiet River. Across the river is the campus of the Durban-Westville University for Indians on which the University buildings are nearing B completion. It is common cause that the expropriation was accomplished for the purposes of the University "which acquired the said land for or in connection with its purposes". (This quotation, which is from the particulars of claim, will be dealt with at a later stage). According to the evidence - which was borne out at an inspection in loco a road is already being constructed across the expropriated land to give the C University convenient access to the Jan Smuts National Highway.

The plaintiffs were dissatisfied with the amount of compensation offered and paid by the defendant, hence this action in which they claim that the compensation due to them in terms of sec. 11 (1) of the Act is R80 000. They also claim D interest on the difference between this sum and the amount paid by the defendant at the rate of 6 3/4 per cent per annum, being the rate determined in terms of sec. 1 of the Act, read with Government Notice 1375 of 1966. There is no dispute about the rate of interest.

The case first came to trial in December, 1970. At the commencement of the hearing a large number of documents were E handed in by consent, some as evidence and others subject to proof. Among the latter was a valuation of the land (exh. M) made by one Terblanche at the instance of the defendant. At a pre-trial conference attended by the legal representatives of the parties it was foreshadowed that Terblanche would be called F as a witness by the defendant, and this was confirmed during his opening address by counsel for the...