South Africa Case Law

Snyders NO v Louistef (Pty) Ltd and Another (CCT311/16)

Snyders NO v Louistef (Pty) Ltd and Another (CCT311/16) [2017] ZACC 28; 2017 (6) SA 646 (CC); 2018 (1) BCLR 19 (CC) (3 August 2017)

Court

Constitutional Court

Case number

CCT311/16

Judges

Mogoeng, Nkabinde, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mhlantla, Mojapelo, Pretorius, Zondo

The Constitutional Court held that the site licence under the Petroleum Products Amendment Act is an asset with commercial value, but its transfer is subject to statutory constraints: it may be transferred only to new lessees or new owners and cannot survive the termination of the lease. The High Court erred in finding a casus omissus and in concluding that the transfer provisions did not allow for a sale. The Supreme Court of Appeal was correct that the site licence had commercial value, but it exists only for a limited time and only for new lessees or owners. The applicant's argument was re…

Source excerpt

• Petroleum Products Amendment Act
• Site Licence Transfer
• Asset Nature Of Licence
• Interests Of Justice
• Leave To Appeal
• Statutory Interpretation