Agriculture, Aquaculture & Fishing News
More newsLessons on subdivision, SALA and food security from the Tridevco judgment
The Supreme Court of Appeal (SCA) handed down judgment in the case of Tridevco (Pty) Ltd and Another v Minister of Agriculture, Land Reform & Rural Development and Others JDR 3247 (SCA) in which the court was asked to determine, first, whether a property owned by Tridevco (Pty) Ltd and Witfontein X16 Boerdery CC (collectively referred to as Tridevco) constituted “ agricultural lan d” under the Subdivision of Agricultural Land Act 70 of 1970 (SALA), which would require the consent of the Minister of Agriculture, Land Reform and Rural Development (Minister) for subdivision. The Minister refused Tridevco’s application for subdivision of the property on the basis that the land was high-potential agricultural land essential for food security of the country. The second issue for determination before the SCA was whether the refusal by the Minister to approve Tridevco’s subdivision application was reviewable, rational andlawful.
Legal obligations and commercial consequences for farmers impacted by a foot-and-mouth disease outbreak
Lucinde Rhoodie, Director in the Agriculture, Aquaculture & Fishing sector, recently joined Gugulethu Mfuphi on Kaya FM to discuss the legal obligations and commercial consequences for farmers impacted by a foot-and-mouth disease outbreak.
Ministerial discretion in the allocation of fishing rights
On 18 December 2023 the former Minister of Forestry, Fisheries and the Environment (Minister), Barbara Creecy, upheld the decision to refuse Jaffas Bay Fishing CC (Jaffas Bay) commercial sardine fishing rights. In review proceedings, the Western Cape High Court overturned Creecy’s decision on the basis that it was irrational and lacked transparency. The court, however, concluded that the decision to allocate the fishing rights fell within the ambit of the Executive and remitted it to the Minister (now Dion George) for reconsideration.