Wary Holdings v Stalwo (Pty) Ltd
08 August 2008

Judgment handed down in an appeal by Wary Holdings (Pty) Ltd (Wary Holdings) against a judgment of the Supreme Court of Appeal. The appeal concerned a dispute between Wary Holdings and Stalwo (Pty) Ltd (Stalwo) over the meaning and applicability of a proviso to the definition of "agricultural land" as contained in the Subdivision of Agricultural Land Act 70 of 1970 (the Agricultural Land Act).

The proviso provided that land within the area of jurisdiction of a transitional council that was classified as "agricultural land" immediately prior to the first election of the members of the transitional council would retain such classification. 

They supported the position of Wary Holdings and raised additional arguments relating to the proviso's legislative history and the constitutional importance of the Minister's power to regulate agricultural land.  The order of the Supreme Court of Appeal was accordingly reversed and the sale declared invalid and unenforceable.

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