Minister of Land Affairs and Agriculture v D & F Wevell Trust

The Department of Land Affairs concluded written agreements in 2003 with the D & F Wevell Trust and with the Clarke family and Ntsingani Farms CC for the purchase of farms in the Badplaas area as part of a land restitution project under the Restitution of Land Rights Act 22 of 1994. Ministerial approval was granted in April 2004 and transfer documents were prepared. On the eve of registration in September 2004, the Chief Land Claims Commissioner instructed the conveyancers to withdraw the transfer documents pending an investigation into alleged valuation irregularities affecting several properties in the area. No timeframe for completion of the investigation was given and no interdict was sought. The sellers, suffering financial prejudice from the delay, launched motion proceedings in the Land Claims Court to compel transfer and payment of the purchase prices with interest. The respondents opposed the applications, relying largely on hearsay allegations of fraud and inflated valuations, deposed to by a legal adviser without personal knowledge. The Land Claims Court granted orders compelling payment upon transfer. Applications for leave to appeal and for condonation were refused, leading to an application to the Supreme Court of Appeal.

The application for condonation and leave to appeal was refused, with the effect that the orders of the Land Claims Court compelling payment of the agreed purchase prices upon transfer remained in force.

The case is an important authority on South African motion proceedings, particularly on the obligations of a respondent who seeks a referral to oral evidence or trial. It reinforces that state officials cannot rely on vague, hearsay allegations to resist contractual obligations and clarifies procedural discipline in land restitution litigation involving public funds.