Exxaro Coal Mpumalanga (Pty) Ltd and Another v De Wet; In re: De Wet v Exxaro Coal Mpumalanga (Pty) Ltd and Others (28637/16) [2017] ZAGPPHC 723 (19 September 2017)

Exxaro Coal Mpumalanga (Pty) Ltd and Another v De Wet; In re: De Wet v Exxaro Coal Mpumalanga (Pty) Ltd and Others (28637/16) [2017] ZAGPPHC 723 (19 September 2017)

The court held that the respondent's particulars of claim were exceptiable for failing to allege that ministerial consent under section 3 of the Subdivision of Agricultural Land Act was obtained for the exercise of the option. The option agreement, as a precursor to the sale of a portion of agricultural land, required such consent at the time it was granted or exercised, and its absence rendered the option void and unenforceable. The court further found that the property subject to the option was not sufficiently identified in the agreement, failing to meet the requirements of the Alienation of Land Act. The respondent's reliance on rectification and extrinsic evidence could not cure...

Citation
[2017] ZAGPPHC 723
Parties
Applicant: Exxaro Coal Mpumalanga (Pty) Ltd; Applicant: Universal Coal Development VIII (Pty) Ltd; Respondent: Izak Jakobus Gerhardus De Wet; Defendant: Jabhi Gejimani Shongwe; Defendant: Minister of Mineral Resources; Defendant: Member of Executive Council (MEC) of Mineral Resources; Defendant: Registrar of Deeds
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 September 2017
Case Number
28637/16
Procedural Posture
Exception Application / Exception to Particulars of Claim
Outcome
Exception upheld with costs; particulars of claim set aside.
Judges
Kubushi
Legal Topics
Subdivision of Agricultural Land Act, Alienation of Land Act, Option to Purchase, Rectification of Contract, Final Interdict, Identification of Merx
Land and Property Civil Procedure Subdivision of Agricultural Land Act Alienation of Land Act Option to Purchase Rectification of Contract Final Interdict Identification of Merx

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Parties

Exxaro Coal Mpumalanga (Pty) Ltd

Applicant

Universal Coal Development VIII (Pty) Ltd

Applicant

Izak Jakobus Gerhardus De Wet

Respondent

Jabhi Gejimani Shongwe

Defendant

Minister of Mineral Resources

Defendant

Member of Executive Council (MEC) of Mineral Resources

Defendant

Registrar of Deeds

Defendant

Procedural Posture

Exception Application / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the respondent's particulars of claim disclose a cause of action in the absence of an allegation that ministerial consent under SALA was obtained.
  2. 2 Whether the option agreement sufficiently identifies the property to comply with statutory requirements.
  3. 3 Whether the particulars of claim support the interdictory relief sought against mining activities without requisite documentation.

Ratio Decidendi

The court held that the respondent's particulars of claim were exceptiable for failing to allege that ministerial consent under section 3 of the Subdivision of Agricultural Land Act was obtained for the exercise of the option. The option agreement, as a precursor to the sale of a portion of agricultural land, required such consent at the time it was granted or exercised, and its absence rendered the option void and unenforceable. The court further found that the property subject to the option was not sufficiently identified in the agreement, failing to meet the requirements of the Alienation of Land Act. The respondent's reliance on rectification and extrinsic evidence could not cure...

Court Disposition

Exception upheld with costs; particulars of claim set aside.

Orders

  • The exception is upheld with costs, including costs of two counsel for the second excipient.
  • The particulars of claim are set aside.