Leppan N.O and Others v King (2471/2020) [2021] ZAECGHC 67 (20 July 2021)

Leppan N.O and Others v King (2471/2020) [2021] ZAECGHC 67 (20 July 2021)

The agreement between the respondent and the fifth applicant for the exclusive use of camp site 47 constitutes the use of a portion of agricultural land for non-agricultural purposes without ministerial consent, in contravention of section 3(e)(ii) of the Subdivision of Agricultural Land Act 70 of 1970. The evidence established that the land was demarcated into camp sites and used for a caravan park, with similar agreements concluded for periods exceeding ten years. The statutory prohibition is peremptory and supported by criminal sanction, rendering the agreement void and unenforceable. The respondent's occupation and use of camp site 47 cannot be sustained under the invalid agreement....

Citation
[2021] ZAECGHC 67
Parties
Applicant: David Noel Leppan N.O; Applicant: Jason Kyle Leppan N.O; Applicant: Aiden Ryan Leppan N.O; Applicant: Fay Watson N.O.; Applicant: Yellow Sands Caravan Park CC; Respondent: Trevor King
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
20 July 2021
Case Number
2471/2020
Procedural Posture
Urgent Application / First Instance Judgment
Outcome
Application granted in part; agreement declared illegal and void; respondent ordered to remove chalet van and structures; costs order that each party bears own costs.
Judges
R Krüger
Legal Topics
Subdivision of Agricultural Land Act, Illegality of Contract, Ejectment, Public Policy, Unjust Enrichment
Land and Property Civil Procedure Subdivision of Agricultural Land Act Illegality of Contract Ejectment Public Policy Unjust Enrichment

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Parties

David Noel Leppan N.O

Applicant

Jason Kyle Leppan N.O

Applicant

Aiden Ryan Leppan N.O

Applicant

Fay Watson N.O.

Applicant

Yellow Sands Caravan Park CC

Applicant

Trevor King

Respondent

Procedural Posture

Urgent Application / First Instance Judgment

Legal Issues

  1. 1 Whether the agreement for the use of camp site 47 contravenes section 3(e)(ii) of the Subdivision of Agricultural Land Act 70 of 1970.
  2. 2 Whether the agreement is void and unenforceable due to illegality under the Act.
  3. 3 Whether the respondent is entitled to remain on camp site 47 or must vacate and remove his chalet van and structures.

Ratio Decidendi

The agreement between the respondent and the fifth applicant for the exclusive use of camp site 47 constitutes the use of a portion of agricultural land for non-agricultural purposes without ministerial consent, in contravention of section 3(e)(ii) of the Subdivision of Agricultural Land Act 70 of 1970. The evidence established that the land was demarcated into camp sites and used for a caravan park, with similar agreements concluded for periods exceeding ten years. The statutory prohibition is peremptory and supported by criminal sanction, rendering the agreement void and unenforceable. The respondent's occupation and use of camp site 47 cannot be sustained under the invalid agreement....

Court Disposition

Application granted in part; agreement declared illegal and void; respondent ordered to remove chalet van and structures; costs order that each party bears own costs.

Orders

  • The agreement concluded between the fifth applicant and the respondent for the use of camp site 47 is declared illegal as it contravenes section 3(e)(ii) of the Subdivision of Agricultural Land Act 70 of 1970 and is of no force and effect.
  • The respondent is ordered to remove the chalet van and associated structures situated on camp site 47 of the Yellow Sands Caravan Park within 60 days of the date of this order.