Fleming v Fleming and Another (328/87)
Fleming v Fleming and Another (328/87) [1988] ZASCA 158; [1989] 4 All SA 417 (AD) (29 November 1988)
The court held that the relevant regulations at the time prohibited the transfer of egg production permits, and the second respondent was not empowered to substitute permit holders or issue a new permit to the first respondent. The issuance of permit 4/125/06 to the first respondent was therefore ultra vires and a nullity. The prohibition in regulation 9 was absolute and applied to the administrative authority, not merely to private parties. The appellant's rights in permit 4/125/05 were not determined, as the appeal focused on the validity of the first respondent's permit. The conduct of the…
Source excerpt
- Statutory Permit Transfer
- Delectus Personae
- Egg Production Regulation
- Nullity Of Administrative Action