Birch v Klein Karoo Agricultural Co-Operative Ltd. (552/91) [1993] ZASCA 34; 1993 (3) SA 403 (AD); [1993] 2 All SA 166 (A) (19 March 1993)

Birch v Klein Karoo Agricultural Co-Operative Ltd. (552/91) [1993] ZASCA 34; 1993 (3) SA 403 (AD); [1993] 2 All SA 166 (A) (19 March 1993)

The Supreme Court of Appeal held that the words 'any area' in section 102(1) of the Co-operative Societies Act 29 of 1939 are unambiguous and broad enough to permit the Minister to specify the entire Republic of South Africa as the area subject to the prohibition. The Court found no express or implied limitation in the statute restricting the size of the area, and previous judicial authority confirmed that 'area' may include the whole country. The Court rejected the appellant's reliance on the language of earlier statutes and held that the hardship caused to individual producers was not a basis for departing from the clear statutory language. Accordingly, Government Notice No R981 was not...

Citation
[1993] ZASCA 34
Parties
Appellant: Sidney Bonnen Birch; Respondent: Klein Karoo Agricultural Co-Operative Limited
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
19 March 1993
Case Number
552/91
Procedural Posture
Civil Appeal / Appeal From Cape Provincial Division; Application for Declaration of Invalidity of Ministerial Notice
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Hoexter, Vivier, Goldstone, Nicholas, Van Coller
Legal Topics
Ministerial Powers, Ultra Vires, Statutory Interpretation, Co Operatives Act, Government Notice
Administrative Law Civil Procedure Ministerial Powers Ultra Vires Statutory Interpretation Co Operatives Act Government Notice

Case Brief

Summary, issues, holding and outcome

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Parties

Sidney Bonnen Birch

Appellant

Klein Karoo Agricultural Co-Operative Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Cape Provincial Division; Application for Declaration of Invalidity of Ministerial Notice

Legal Issues

  1. 1 Whether the Minister of Agriculture exceeded his powers under the Co-operatives Act 91 of 1981 by issuing Government Notice No R981.
  2. 2 Whether the words 'any area' in section 102(1) of the Co-operative Societies Act 29 of 1939 permit the Minister to impose restrictions country-wide.
  3. 3 Whether Government Notice No R981 is ultra vires the enabling legislation.

Ratio Decidendi

The Supreme Court of Appeal held that the words 'any area' in section 102(1) of the Co-operative Societies Act 29 of 1939 are unambiguous and broad enough to permit the Minister to specify the entire Republic of South Africa as the area subject to the prohibition. The Court found no express or implied limitation in the statute restricting the size of the area, and previous judicial authority confirmed that 'area' may include the whole country. The Court rejected the appellant's reliance on the language of earlier statutes and held that the hardship caused to individual producers was not a basis for departing from the clear statutory language. Accordingly, Government Notice No R981 was not...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, such costs to include the costs occasioned by the employment of two counsel.