Bullock NO and Others v Provincial Government of North West Province and Another (44/03) [2004] ZASCA 21; [2004] 2 All SA 249 (SCA); 2004 (5) SA 262 (SCA) (30 March 2004)

Bullock NO and Others v Provincial Government of North West Province and Another (44/03) [2004] ZASCA 21; [2004] 2 All SA 249 (SCA); 2004 (5) SA 262 (SCA) (30 March 2004)

The Supreme Court of Appeal held that the Premier's decision to register a servitude over the foreshore in favour of the second respondent constituted administrative action under section 33 of the Constitution, as it involved the exercise of public power affecting public resources. The decision was based on incorrect legal advice and was not justifiable in relation to the reasons given. The Transvaal Yacht Club, as a long-standing lessee with substantial improvements and a legitimate expectation of renewal, had sufficient standing to challenge the decision. The Club was entitled to procedural fairness, including the opportunity to make representations before any decision not to renew its...

Citation
[2004] ZASCA 21
Parties
Appellant: A Bullock NO & 2 Others; Respondent: Provincial Government of North West Province; Respondent: Kingsley Jack Whiteaway Seale
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 March 2004
Case Number
44/03
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed with costs, including costs of two counsel.
Judges
Howie, Conradie, Cloete, Jones, Southwood
Legal Topics
Standing to Review Administrative Action, Servitude Registration, Legitimate Expectation, Fair Administrative Procedure, Constitutional Review
Administrative Law Land and Property Standing to Review Administrative Action Servitude Registration Legitimate Expectation Fair Administrative Procedure Constitutional Review

Case Brief

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Parties

A Bullock NO & 2 Others

Appellant

Provincial Government of North West Province

Respondent

Kingsley Jack Whiteaway Seale

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the disposal by an organ of State of a right in property vested in it constitutes administrative action under section 33 of the Constitution.
  2. 2 Who has standing to challenge such administrative action and seek relief.
  3. 3 Whether the Premier's decision to register a servitude was justifiable and procedurally fair.

Ratio Decidendi

The Supreme Court of Appeal held that the Premier's decision to register a servitude over the foreshore in favour of the second respondent constituted administrative action under section 33 of the Constitution, as it involved the exercise of public power affecting public resources. The decision was based on incorrect legal advice and was not justifiable in relation to the reasons given. The Transvaal Yacht Club, as a long-standing lessee with substantial improvements and a legitimate expectation of renewal, had sufficient standing to challenge the decision. The Club was entitled to procedural fairness, including the opportunity to make representations before any decision not to renew its...

Court Disposition

Appeal allowed with costs, including costs of two counsel.

Orders

  • The order of the court a quo is set aside and substituted with an order setting aside the decision of the first respondent to register a notarial deed of servitude over the relevant foreshore in favour of the second respondent.
  • The first respondent is directed to pay the applicant's costs of the application, including the costs of two counsel.