South Africa Case Law

Tridevco (Pty) Ltd and Another v Minister of Agriculture, Land Reform & Rural Development and Others (62/2024)

Tridevco (Pty) Ltd and Another v Minister of Agriculture, Land Reform & Rural Development and Others (62/2024) [2025] ZASCA 110 (23 July 2025)

Court

Supreme Court of Appeal

Case number

62/2024

Judges

Nicholls, Unterhalter, Dawood, Vally, Norman

The majority held that the property does not meet the exclusion criteria under section 1(a) of SALA, as it is not situated in an area where a local area committee was established, despite its inclusion in the Peri-Urban Town Planning Scheme. The Minister's refusal to consent to subdivision was based on the property's high agricultural potential and the need to preserve land for food security, which aligns with the purpose of SALA. However, the Minister failed to consult with the Ekurhuleni Metropolitan Municipality, whose development plans and constitutional obligations could be thwarted by t…

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• Subdivision Of Agricultural Land Act
• Statutory Interpretation
• Municipal Consultation
• Constitutional Duties Of Minister
• Review Of Administrative Action
• Local Government Planning

Harrison v Hattingh (4151/2022)

Harrison v Hattingh (4151/2022) [2024] ZAECMKHC 75 (25 June 2024)

Court

Eastern Cape High Court, Makhanda

Case number

4151/2022

Judge

GH Bloem

The court found that the sale agreement was unenforceable due to the statutory prohibition on subdivision of agricultural land without ministerial consent. The lease agreement was valid, and the plaintiff paid R157,500 in terms of the lease, but only R136,000 was due as rental for the period of occupation. The plaintiff was entitled to repayment of the excess R21,500, including the deposit. Regarding improvements, the plaintiff incurred necessary expenses to make the property accessible and habitable, and the defendant was enriched at her expense without legal cause. The plaintiff was entitle…

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• Unenforceable Contract
• Enrichment Claim
• Lease Agreement
• Subdivision Of Agricultural Land Act
• Improvements To Property

On Farm Holdings (Pty) Ltd v Van den Heever N.O. and Others (864/2020)

On Farm Holdings (Pty) Ltd v Van den Heever N.O. and Others (864/2020) [2024] ZAECMKHC 55; [2024] 3 All SA 629 (ECG) (21 May 2024)

Court

Eastern Cape High Court, Makhanda

Case number

864/2020

Judge

M.J. Lowe

The High Court refused absolution from the instance after the plaintiff’s case, holding it was not beyond doubt that the dairy agreement was a lease subject to SALA.

• Subdivision Of Agricultural Land Act
• Contractual Interpretation
• Joint Venture Agreements
• Absolution From The Instance
• Onus Of Proof
• Lease Vs Joint Venture

Terer Beleggings (Pty) Ltd v Houghamdale Trading (Pty) Ltd and Others (2567/2021)

Terer Beleggings (Pty) Ltd v Houghamdale Trading (Pty) Ltd and Others (2567/2021) [2023] ZAECMKHC 112 (17 October 2023)

Court

Eastern Cape High Court, Makhanda

Case number

2567/2021

Judge

Govindjee

The court found that both parties intended for the sale and transfer of the entire immovable property, not merely an undivided portion. The evidence, including the power of attorney and deed of transfer, demonstrated a clear intention to transfer ownership of the whole property. The abstract system of transfer in South African law means that ownership passes upon registration if there is a real agreement, regardless of defects in the underlying contract. The plaintiff failed to prove present ownership and thus could not succeed with a vindicatory claim. The alternative claim, based on absence…

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• Subdivision Of Agricultural Land Act
• Abstract System Of Transfer
• Prescription Act
• Rei Vindicatio
• Condictio Ob Turpem Vel Iniustam Causam

D.J.S (Snr) and Others v A.S and Another (2021/4290)

D.J.S (Snr) and Others v A.S and Another (2021/4290) [2023] ZALMPPHC 86 (19 September 2023)

Court

Limpopo High Court, Polokwane

Case number

2021/4290

Judge

Ngobeni

The court found that the first respondent is obliged to transfer her shares in Onverdient (Pty) Ltd to the first applicant and to sign papers necessary for transfer of half ownership of Farm Waterval to the second applicant, subject to ministerial approval. The second applicant is entitled to free access to the farm and to an accounting and profit sharing from its income since the divorce. Disputes regarding the loan account, sale of land, and referral to the NDPP involve factual issues unsuitable for resolution on affidavit and are referred to trial. The claim for rental has already been adj…

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• Specific Performance
• Settlement Agreement Enforcement
• Division Of Matrimonial Property
• Subdivision Of Agricultural Land Act
• Accounting And Profit Sharing
• Referral To Trial

Joubert N.O.and Others v Xacto (Pty) Ltd and Others (547/2021)

Joubert N.O.and Others v Xacto (Pty) Ltd and Others (547/2021) [2023] ZANCHC 17 (21 April 2023)

Court

Northern Cape High Court, Kimberley

Case number

547/2021

Judge

Williams

The court found that the Riversdale Trust, through its trustees, engaged in prohibited actions under section 3 of the Subdivision of Agricultural Land Act by entering into lease agreements with occupiers for portions of agricultural land without Ministerial consent. The agreements, which included terms for long-term leases and the sale of shares linked to land occupation, constituted subdivision and contravened the Act. The arrangements also amounted to the unlawful establishment of a township, as evidenced by the creation of multiple residential units, supporting infrastructure, and the exer…

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• Subdivision Of Agricultural Land Act
• Township Establishment
• Spatial Planning Land Use Management Act
• Municipal Planning
• Illegal Land Use
• Lease Agreements

Nel and Another v Slabbert and Others (2021/26561)

Nel and Another v Slabbert and Others (2021/26561) [2023] ZAGPJHC 312 (11 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/26561

Judge

Tlhotlhalemaje

The High Court granted eviction after finding a sale of agricultural land invalid for lack of Ministerial consent, leaving occupiers without lawful rights.

• Ejectment
• Invalid Sale Of Agricultural Land
• Subdivision Of Agricultural Land Act
• Abstract Theory Of Transfer
• Rei Vindicatio
• Agricultural-land-sale

N'Wandlamharhi Communal Property Association and Another v Westcott and Others (401/2021)

N'Wandlamharhi Communal Property Association and Another v Westcott and Others (401/2021) [2022] ZASCA 129 (3 October 2022)

Court

Supreme Court of Appeal

Case number

401/2021

Judges

Van der Merwe, Mothle, Musi, Kgoele, Weiner

The Supreme Court of Appeal held that the shareholders agreements did not create servitudes binding successors in title, so the respondents’ access and occupation rights ended on sale.

• Servitude Registration
• Personal Rights Vs Real Rights
• Doctrine Of Notice
• Shareholders Agreement
• Subdivision Of Agricultural Land Act
• Servitude-registration

Brits v Klopper and Another (24785/2021)

Brits v Klopper and Another (24785/2021) [2022] ZAGPPHC 728 (27 September 2022)

Court

North Gauteng High Court, Pretoria

Case number

24785/2021

Judge

Mazibuko

The High Court upheld lis alibi pendens in a dispute over a void agricultural land sale, declining substantive restitution relief and ordering each party to pay its own costs.

• Alienation Of Land Act
• Subdivision Of Agricultural Land Act
• Lis Alibi Pendens
• Void Contract
• Restitution
• Costs Order

Minister of Agriculture, Land Reform and Rural Development and Another v Johannes N.O and Other (34108/2020)

Minister of Agriculture, Land Reform and Rural Development and Another v Johannes N.O and Other (34108/2020) [2022] ZAGPPHC 235 (18 April 2022)

Court

North Gauteng High Court, Pretoria

Case number

34108/2020

Judge

Vuma

The High Court refused leave to appeal, finding no reasonable prospects of success or compelling reason to hear the appeal, and ordered the applicants to pay costs.

• Subdivision Of Agricultural Land Act
• Leave To Appeal
• Prospects Of Success
• Expert Evidence
• Leave-to-appeal
• Subdivision-of-agricultural-land-act