Regering van die Republiek van Suid-Afrika v Disotto en Andere (8/96) [1997] ZASCA 83; 1998 (1) SA 728 (SCA); [1998] 1 All SA 9 (A); (29 September 1997)

Regering van die Republiek van Suid-Afrika v Disotto en Andere (8/96) [1997] ZASCA 83; 1998 (1) SA 728 (SCA); [1998] 1 All SA 9 (A); (29 September 1997)

The court held that both the statute and the agreements require that only crops cultivated by the person who entered into the agreement with the State (the first respondent) may be transferred in ownership to the State as security. The evidence established that the crops in question were cultivated by the second...

Source-derived case information.

Citation
[1997] ZASCA 83
Parties
Appellant: Die Regering van die Republiek van Suid-Afrika; Respondent: Lino Pieter Disotto; Respondent: Petrus Paulus Jochemus van der Vyver; Respondent: Symington & De Kok
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 September 1997
Case Number
8/96
Procedural Posture
Civil Appeal / Appeal From the Court a Quo
Outcome
The appeal is dismissed with costs.
Judges
Smalberger, Howie, Marais, Schutz, Streicher
Legal Topics
Agricultural Credit, Ownership of Crops, Statutory Interpretation, Security Rights
Land and Property Commercial and Corporate Agricultural Credit Ownership of Crops Statutory Interpretation Security Rights

Source-derived case record

Summary, issues, holding and outcome

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Parties

Die Regering van die Republiek van Suid-Afrika

Appellant

Lino Pieter Disotto

Respondent

Petrus Paulus Jochemus van der Vyver

Respondent

Symington & De Kok

Respondent

Procedural Posture

Civil Appeal / Appeal From the Court a Quo

  1. 1 Whether the appellant acquired ownership of the crop proceeds under the Agricultural Credit Act and related agreements.
  2. 2 Whether the crops in question were cultivated by the first respondent as required by statute and contract.
  3. 3 Whether the appellant is entitled to the trust funds held by the third respondent.

Ratio Decidendi

The court held that both the statute and the agreements require that only crops cultivated by the person who entered into the agreement with the State (the first respondent) may be transferred in ownership to the State as security. The evidence established that the crops in question were cultivated by the second respondent, who bore all costs and fulfilled all obligations, and not by the first respondent. The appellant's interpretation, which would allow ownership to vest in the State regardless of who cultivated the crops, was rejected as inconsistent with the ordinary meaning of the statutory language and the restrictive approach required for statutes that derogate from common law...

Court Disposition

The appeal is dismissed with costs.

Orders

  • The appellant's application is dismissed with costs.