A Penglides (Pty) Ltd and Another v Minister of Agriculture, Forestry and Fisheries and Another (298/2021)
A Penglides (Pty) Ltd and Another v Minister of Agriculture, Forestry and Fisheries and Another (298/2021) [2022] ZASCA 74; 2022 (5) SA 401 (SCA) (26 May 2022)
The Supreme Court of Appeal held that the high court erred in finding the appeal to the Minister was lodged out of time. Applying both South African and English authorities, the Court found that when the last day for lodging an appeal falls on a day when the Department's offices are closed, service on the next business day is valid and within the prescribed period. The Court rejected the high court's approach, which failed to consider established principles regarding impossibility of performance due to office closure. The matter was remitted to the high court for determination of the substant…
Source excerpt
- Marine Living Resources Act
- Administrative Fairness
- Calculation Of Statutory Periods
- Public Resource Management