South Africa Case Law

Regering van die Republiek van Suid-Afrika v Disotto en Andere (8/96)

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)

Court

Supreme Court of Appeal

Case number

8/96

Judges

Smalberger, Howie, Marais, Schutz, Streicher

The court held that only crops cultivated by the contracting farmer could vest under the Agricultural Credit Act, so the appellant had no claim to the trust proceeds.

• Agricultural Credit
• Ownership Of Crops
• Statutory Interpretation
• Security Rights
• Agricultural-credit
• Ownership-of-crops

S v Lubbe (23/87)

S v Lubbe (23/87) [1989] ZASCA 3 (7 March 1989)

Court

Supreme Court of Appeal

Case number

23/87

Judges

Grosskopf, Vivier, Steyn

The court held that, by virtue of the loan agreements entered into under the Landboukrediet Act, ownership of all crops produced by the appellant after the agreements passed to the State as security for the loans. The appellant was fully aware of this arrangement, as evidenced by his own statements and conduct. His subsequent actions—ceding crops to a third party and delivering crops under false names to various cooperatives—constituted fraudulent misrepresentation and theft, as he knowingly acted contrary to the State's rights. The trial court correctly convicted him on all charges, and the…

Source excerpt

• Fraud
• Theft
• Insolvency Act
• Landboukrediet Act
• Ownership Of Crops
• Sentencing Principles