A Penglides (Pty) Ltd and Another v Minister of Agriculture, Forestry and Fisheries and Another (298/2021) [2022] ZASCA 74; 2022 (5) SA 401 (SCA) (26 May 2022)

A Penglides (Pty) Ltd and Another v Minister of Agriculture, Forestry and Fisheries and Another (298/2021) [2022] ZASCA 74; 2022 (5) SA 401 (SCA) (26 May 2022)

The Supreme Court of Appeal held that the high court erred in finding the appeal to the Minister was lodged out of time. Applying both South African and English authorities, the Court found that when the last day for lodging an appeal falls on a day when the Department's offices are closed, service on the next business day is valid and within the prescribed period. The Court rejected the high court's approach, which failed to consider established principles regarding impossibility of performance due to office closure. The matter was remitted to the high court for determination of the substantive merits, as the preliminary finding on lateness was incorrect and had precluded proper...

Citation
[2022] ZASCA 74
Parties
Appellant: A Penglides (Pty) Ltd; Appellant: Tuna South Africa (Pty) Ltd; Respondent: Minister of Agriculture, Forestry and Fisheries; Respondent: Deputy Director General of the Fisheries Branch of the Department of Agriculture, Forestry and Fisheries
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 May 2022
Case Number
298/2021
Procedural Posture
Civil Appeal / Appeal From Western Cape Division of the High Court, Cape Town
Outcome
Appeal upheld; high court's order set aside; matter remitted for determination of substantive merits.
Judges
Ponnan, Dambuza, Schippers, Nicholls, Mothle
Legal Topics
Marine Living Resources Act, Administrative Fairness, Calculation of Statutory Periods, Public Resource Management
Administrative Law Environmental Law Marine Living Resources Act Administrative Fairness Calculation of Statutory Periods Public Resource Management

Case Brief

Summary, issues, holding and outcome

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Parties

A Penglides (Pty) Ltd

Appellant

Tuna South Africa (Pty) Ltd

Appellant

Minister of Agriculture, Forestry and Fisheries

Respondent

Deputy Director General of the Fisheries Branch of the Department of Agriculture, Forestry and Fisheries

Respondent

Procedural Posture

Civil Appeal / Appeal From Western Cape Division of the High Court, Cape Town

Legal Issues

  1. 1 Whether the appeal to the Minister was lodged within the prescribed 30-day period under Regulation 5 of the Marine Living Resources Regulations.
  2. 2 Whether the closure of the Department's offices on the last day of the period affects the calculation of the deadline for lodging the appeal.
  3. 3 Whether the high court erred in refusing to consider the substantive merits of the application due to its finding on lateness.

Ratio Decidendi

The Supreme Court of Appeal held that the high court erred in finding the appeal to the Minister was lodged out of time. Applying both South African and English authorities, the Court found that when the last day for lodging an appeal falls on a day when the Department's offices are closed, service on the next business day is valid and within the prescribed period. The Court rejected the high court's approach, which failed to consider established principles regarding impossibility of performance due to office closure. The matter was remitted to the high court for determination of the substantive merits, as the preliminary finding on lateness was incorrect and had precluded proper...

Court Disposition

Appeal upheld; high court's order set aside; matter remitted for determination of substantive merits.

Orders

  • The appeal is upheld with costs.
  • The order of the high court dismissing the application under case no 20760/18 is set aside.