Offit Enterprises (Pty) Ltd and Another v Premier, Eastern Cape Government and Others (1764/06) [2006] ZAECHC 21 (9 May 2006)

Offit Enterprises (Pty) Ltd and Another v Premier, Eastern Cape Government and Others (1764/06) [2006] ZAECHC 21 (9 May 2006)

The Court found that there are reasonable prospects that another Court may interpret the relevant statutory provisions differently, particularly regarding the transfer of the 'A' class share, the interpretation of section 7 of the Expropriation Act, and the powers conferred by the Land Disposal Act. The issues raised are novel and complex, and the findings of this Court should be fully ventilated on appeal. Accordingly, leave to appeal is granted to the first and second respondents against the whole of the judgment and order delivered on 31 January 2006, with costs to be costs in the appeal.

Citation
[2006] ZAECHC 21
Parties
Applicant: Offit Enterprises (Pty) Ltd; Applicant: Offit Farming Enterprises (Pty) Ltd; Respondent: Premier of the Eastern Cape Government; Respondent: Coega Development Corporation (Pty) Ltd; Respondent: Minister of Public Works; Respondent: Minister of Trade and Industry
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
9 May 2006
Case Number
1764/06
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Leave to appeal granted to the first and second respondents against the whole of the judgment and order delivered on 31 January 2006.
Judges
Ebrahim
Legal Topics
Expropriation Act Interpretation, Subsidiary Company Status, Notice of Expropriation Validity, Land Disposal Act Powers, Costs in Appeal
Land and Property Civil Procedure Expropriation Act Interpretation Subsidiary Company Status Notice of Expropriation Validity Land Disposal Act Powers Costs in Appeal

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Parties

Offit Enterprises (Pty) Ltd

Applicant

Offit Farming Enterprises (Pty) Ltd

Applicant

Premier of the Eastern Cape Government

Respondent

Coega Development Corporation (Pty) Ltd

Respondent

Minister of Public Works

Respondent

Minister of Trade and Industry

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the notice of intended expropriation was valid under the Expropriation Act and the Land Disposal Act.
  2. 2 Whether the allotment of the 'A' class share to the Department of Trade and Industry constituted a valid transfer of ownership.
  3. 3 Whether the relevant provisions of section 7 of the Expropriation Act are peremptory or directory.

Ratio Decidendi

The Court found that there are reasonable prospects that another Court may interpret the relevant statutory provisions differently, particularly regarding the transfer of the 'A' class share, the interpretation of section 7 of the Expropriation Act, and the powers conferred by the Land Disposal Act. The issues raised are novel and complex, and the findings of this Court should be fully ventilated on appeal. Accordingly, leave to appeal is granted to the first and second respondents against the whole of the judgment and order delivered on 31 January 2006, with costs to be costs in the appeal.

Court Disposition

Leave to appeal granted to the first and second respondents against the whole of the judgment and order delivered on 31 January 2006.

Orders

  • The first and second respondents are granted leave to appeal against the whole of the judgment and order delivered on 31 January 2006.
  • The appeal is to be heard by the Supreme Court of Appeal in terms of section 20(1) of the Supreme Court Act, 59 of 1959, as amended.