Wary Holdings sold portions of land described as Plots 5–8 of a proposed subdivision of Portion 54 of Farm No 8, Port Elizabeth, to Stalwo for R550 000 under a written agreement concluded on 6 December 2004. At the time, the land was zoned agricultural, although advertised for industrial use, and subdivision approval was a suspensive condition. Subdivision was approved in August 2005 subject to costly conditions. Due to increased costs and rising land value, Wary Holdings attempted to increase the purchase price. When Stalwo refused, Wary Holdings alleged that the agreement was invalid for lack of ministerial consent under the Subdivision of Agricultural Land Act 70 of 1970. The High Court upheld this defence, but the Supreme Court of Appeal found the land was not ‘agricultural land’ under the Act. Wary Holdings sought leave to appeal to the Constitutional Court.