CCT78/07

[2008] ZACC 12

2009 (1) SA 337 (CC)

Kroon AJ Majority judgment

Yacoob J separate judgment

25 July 2008

http://hdl.handle.net/20.500.12144/3407

Application for leave to appeal to the CC against a judgment of the SCA: Stalwo (Pty) Ltd v Wary Holdings (Pty) Ltd and Another [2007] ZASCA 133; 2008 (1) SA 654 (SCA), which unanimously upheld the first respondent's appeal against the decision of the Port Elizabeth High Court: Case no. 5349/2005 (unreported).

Application for leave to appeal by Wary Holdings against a judgment of the Supreme Court of Appeal. The matter concerned a dispute between Wary Holdings and Stalwo related to the meaning and applicability of a proviso to the definition of 'agricultural land' as contained in the Subdivision of Agricultural Land Act 70 of 1970. The proviso stated that land within the area of jurisdiction of a transitional council that was classified as 'agricultural land' immediately prior to the first election of the members of the transitional council would retain such classification. Wary Holdings claimed that a contract for the sale of land which it had concluded with Stalwo was invalid because the land was classified as ?agricultural land? and, in consequence, the Minister of Agriculture?s consent to the sale was necessary (which had not been sought). The Supreme Court of Appeal held that the proviso only applied during the existence of transitional councils and thus did not apply to thus sale. It held that the contract was valid. The majority of the Constitutional Court held that the life of the proviso was not tied to the life of the transitional councils and was still applicable. The minority of the Court held that the matter should be dismissed because it did not raise a constitutional issue. The order of the Supreme Court of Appeal was reversed and the sale was declared invalid. Majority: Kroon AJ (Langa CJ, Madala J, Mokgoro J, Ngcobo J, Skweyiya J and Van der Westhuizen J concurring) Minority: Yacoob J (O'Regan ADCJ and Nkabinde J concurring)