Blue Grass Estates (Pty) Ltd. en Andere v Minister van Landbou en Andere (279/90) [1991] ZASCA 119; 1992 (4) SA 406 (AD); [1991] 1 All SA 319 (A) ; [1992] 1 All SA 215 (A) (24 September 1991)

Blue Grass Estates (Pty) Ltd. en Andere v Minister van Landbou en Andere (279/90) [1991] ZASCA 119; 1992 (4) SA 406 (AD); [1991] 1 All SA 319 (A) ; [1992] 1 All SA 215 (A) (24 September 1991)

The court held that the levies imposed by the Dairy Board under Government Notice R300 were ultra vires because the necessary decisions and approvals were taken before the amendments to the scheme (which authorised such levies) came into force. The enabling statute and scheme did not permit retrospective...

Source-derived case information.

Citation
[1991] ZASCA 119
Parties
Appellant: Blue Grass Estates (Pty) Limited and 26 Others; Respondent: Minister of Agriculture; Respondent: Dairy Board; Respondent: National Marketing Board
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Case Number
279/90
Procedural Posture
Civil Appeal / Appeal From a Decision of the Court a Quo
Outcome
Appeal upheld with costs, including costs of applications for leave to appeal in both this court and the court a quo.
Judges
E M Grosskopf, Smalberger, Milne, F H G Grosskopf, Van Coller
Legal Topics
Ultra Vires, Statutory Interpretation, Administrative Procedure, Levies and Taxes
Administrative Law Land and Property Ultra Vires Statutory Interpretation Administrative Procedure Levies and Taxes

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Blue Grass Estates (Pty) Limited and 26 Others

Appellant

Minister of Agriculture

Respondent

Dairy Board

Respondent

National Marketing Board

Respondent

Procedural Posture

Civil Appeal / Appeal From a Decision of the Court a Quo

  1. 1 Whether the imposition of certain levies by the Dairy Board was intra vires the enabling statute and scheme.
  2. 2 Whether the necessary procedural steps for valid imposition of levies were followed.
  3. 3 Whether the simultaneous publication of amendments and levies could cure prior ultra vires acts.

Ratio Decidendi

The court held that the levies imposed by the Dairy Board under Government Notice R300 were ultra vires because the necessary decisions and approvals were taken before the amendments to the scheme (which authorised such levies) came into force. The enabling statute and scheme did not permit retrospective authorisation, and the simultaneous publication of the amendments and levies could not cure the prior lack of authority. Only those levies specifically dependent on the new authorisation were invalid; valid levies in the same notice were not affected. The Board's method of decision-making by unanimous telephonic consensus was held to be valid, as the scheme did not require physical...

Court Disposition

Appeal upheld with costs, including costs of applications for leave to appeal in both this court and the court a quo.

Orders

  • The order of the court a quo is set aside and replaced with a declaration that the imposition of the following levies was null and void: (i) the special levies imposed under paragraphs 2 and 4(a) of Table 1 of the Annexure to Government Notice R300 of 13 February 1987; and (ii) the ordinary levies imposed under...
  • The respondents are ordered to pay the applicants' costs.