Diggers Development (Pty) Ltd v City of Matlosana and Others (824/2010)
Diggers Development (Pty) Ltd v City of Matlosana and Others (824/2010) [2011] ZASCA 247; [2012] 1 All SA 428 (SCA) (1 December 2011)
The Supreme Court of Appeal held that the sale agreement was subject to suspensive conditions, and in accordance with the Corondimas principle, no contract of sale existed until those conditions were fulfilled. The statutory requirements under s 79(18) of the Ordinance and relevant sections of the MFMA and Systems Act were complied with before the contract became unconditional and enforceable. The council's intention to alienate the land was only formulated when it adopted the resolution on 5 February 2009, at which point the contract of sale came into existence. The court found no merit in t…
Source excerpt
- Municipal Land Sale
- Suspensive Condition
- Compliance With Statutory Requirements
- Local Government Ordinance
- Municipal Finance Management Act
- Timing Of Statutory Compliance