Adampol (Pty) Ltd. v Administrator, Transvaal (661/87) [1989] ZASCA 59; [1989] 4 All SA 776 (AD) (22 May 1989)

Adampol (Pty) Ltd. v Administrator, Transvaal (661/87) [1989] ZASCA 59; [1989] 4 All SA 776 (AD) (22 May 1989)

The Supreme Court of Appeal held that section 95A of Ordinance 22 of 1957, by its clear and unambiguous wording, applies to any outstanding compensation payable on or after 25 September 1985, regardless of when the expropriation occurred. The section does not operate retrospectively in the true sense, as it does not alter the law for periods before its commencement, but rather governs payments outstanding from its effective date. The presumption against retrospectivity is not engaged because the statutory language is clear and does not require auxiliary interpretive aids. The court rejected the respondent's contention that vested rights were infringed, finding that the legislature...

Citation
[1989] ZASCA 59
Parties
Appellant: Adampol (Pty) Ltd; Respondent: Administrator of the Transvaal
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
22 May 1989
Case Number
661/87
Procedural Posture
Civil Appeal / Appeal From a Lower Court Judgment
Outcome
Appeal allowed; lower court's decision set aside.
Judges
Joubert, Hoexter, Botha, Vivier, Eksteen
Legal Topics
Statutory Interpretation, Retrospective Application, Expropriation, Interest on Compensation
Land and Property Civil Procedure Statutory Interpretation Retrospective Application Expropriation Interest on Compensation

Case Brief

Summary, issues, holding and outcome

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Parties

Adampol (Pty) Ltd

Appellant

Administrator of the Transvaal

Respondent

Procedural Posture

Civil Appeal / Appeal From a Lower Court Judgment

Legal Issues

  1. 1 Whether section 95A of Ordinance 22 of 1957 applies to expropriations that occurred before its enactment.
  2. 2 Whether the section operates retrospectively or merely interferes with existing rights.
  3. 3 Whether interest is payable on outstanding compensation for expropriations preceding 25 September 1985.

Ratio Decidendi

The Supreme Court of Appeal held that section 95A of Ordinance 22 of 1957, by its clear and unambiguous wording, applies to any outstanding compensation payable on or after 25 September 1985, regardless of when the expropriation occurred. The section does not operate retrospectively in the true sense, as it does not alter the law for periods before its commencement, but rather governs payments outstanding from its effective date. The presumption against retrospectivity is not engaged because the statutory language is clear and does not require auxiliary interpretive aids. The court rejected the respondent's contention that vested rights were infringed, finding that the legislature...

Court Disposition

Appeal allowed; lower court's decision set aside.

Orders

  • Section 95A applies to outstanding compensation payable on or after 25 September 1985, including expropriations preceding that date.
  • Interest is payable on such outstanding amounts as provided by section 95A.