Rakgase and Another v Minister of Rural Development and Land Reform and Another (33497/2018) [2019] ZAGPPHC 375; [2019] 4 All SA 511 (GP); 2020 (1) SA 605 (GP) (4 September 2019)

Rakgase and Another v Minister of Rural Development and Land Reform and Another (33497/2018) [2019] ZAGPPHC 375; [2019] 4 All SA 511 (GP); 2020 (1) SA 605 (GP) (4 September 2019)

The court found that the Deputy Director-General's decision not to sell the farm to the applicant but to offer only a long-term lease was procedurally unfair, unreasonable, irrational, and in breach of constitutional obligations. The applicant had a legitimate expectation to purchase the farm, supported by formal...

Source-derived case information.

Citation
[2019] ZAGPPHC 375
Parties
Applicant: Mamphopha David Rakgase; Applicant: Mmofa Amon Rakgase; Respondent: Minister of Rural Development and Land Reform; Respondent: Member of the Limpopo Executive Council for Agriculture and Rural Development
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 September 2019
Case Number
33497/2018
Procedural Posture
Review Application / Judgment After Hearing on Merits
Outcome
Application granted. The DDG's decision is reviewed and set aside; the Minister is ordered to sell and transfer the farm to the applicant under the original LRAD terms.
Judges
Davis
Legal Topics
Promotion of Administrative Justice Act, Legitimate Expectation, Land Redistribution, Security of Tenure, Constitutional Obligation, Irrationality
Administrative Law Constitutional Law Land and Property Promotion of Administrative Justice Act Legitimate Expectation Land Redistribution Security of Tenure Constitutional Obligation +1 more

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Parties

Mamphopha David Rakgase

Applicant

Mmofa Amon Rakgase

Applicant

Minister of Rural Development and Land Reform

Respondent

Member of the Limpopo Executive Council for Agriculture and Rural Development

Respondent

Procedural Posture

Review Application / Judgment After Hearing on Merits

Legal Issues

  1. 1 Whether the Deputy Director-General's decision not to sell but to lease the farm to the applicant was procedurally fair under PAJA.
  2. 2 Whether the decision was reasonable and rational in terms of administrative law and constitutional obligations.
  3. 3 Whether the applicant's legitimate expectation to purchase the farm was unlawfully frustrated.

Ratio Decidendi

The court found that the Deputy Director-General's decision not to sell the farm to the applicant but to offer only a long-term lease was procedurally unfair, unreasonable, irrational, and in breach of constitutional obligations. The applicant had a legitimate expectation to purchase the farm, supported by formal approvals and repeated assurances from state officials. The DDG failed to provide reasons for the adverse decision, did not afford the applicant an opportunity to be heard, and relied on policies that were either not applicable or not in force at the relevant time. The court held that the decision was arbitrary and irrational, particularly given the applicant's age, history of...

Court Disposition

Application granted. The DDG's decision is reviewed and set aside; the Minister is ordered to sell and transfer the farm to the applicant under the original LRAD terms.

Orders

  • The decision of the Deputy Director-General not to approve the sale and disposal of the farm is reviewed and set aside.
  • The Minister is ordered to take all necessary steps within 30 calendar days to sell the farm to the first applicant on the terms and price applicable under the LRAD programme in January 2003 and to transfer the farm at the State's cost.