Khumalo v Director-General of Co-Operation and Development and Others (400/1989)
Khumalo v Director-General of Co-Operation and Development and Others (400/1989) [1990] ZASCA 118; 1991 (1) SA 158 (AD); [1991] 1 All SA 297 (A) (28 September 1990)
The Supreme Court of Appeal held that regulation 9 of Proclamation R 293 of 1962, being a special enactment applicable to certain areas, was not impliedly repealed by the general provisions of Act 71 of 1969. The presumption against implied repeal applies, and there was no clear legislative intention to repeal the regulation. Therefore, an oral sale of property in the area covered by regulation 9 would not be invalid merely for lack of written form. However, due to unresolved factual disputes regarding whether an oral agreement was actually concluded, and in light of the respondent's allegati…
Source excerpt
- Formalities Of Sale Of Land
- Oral Contracts
- Special Vs General Legislation
- Motion Proceedings
- Adjournment For Oral Evidence