Seale v Van Rooyen NO and Others

The Premier of the North West Province decided to register a notarial deed of servitude in favour of Mr Seale. That decision was later reviewed and set aside by the Supreme Court of Appeal in Bullock NO v Provincial Government, North West Province. Unknown to the court at that time, the servitude had already been registered in the Deeds Office pursuant to the Premier’s decision. After the Bullock judgment, the Provincial Government attempted to have the servitude cancelled, but the Registrar of Deeds required a specific court order. Seale refused to consent to cancellation. The Transvaal Yacht Club (TYC), whose property interests were affected, brought an application to compel cancellation of the registered servitude. The High Court ordered the Registrar of Deeds to cancel the servitude and made adverse costs orders against the Province. Seale appealed against the substantive order and the Province appealed against the costs orders.

Seale’s appeal was dismissed with costs, including the costs of two counsel for the TYC. The appeal by the Province against the costs order in favour of the TYC succeeded, and the High Court’s costs order was substituted with a limited costs order against the Province only up to the date of its tender. The order directing the Registrar of Deeds to cancel the servitude remained in force.

The case clarifies the effect of judicial review on acts performed pursuant to an administrative decision and authoritatively explains the scope and limits of the Oudekraal principle. It confirms that once an initial administrative act is set aside, all dependent acts lose their legal foundation. The judgment is an important exposition of administrative-law consequences, legality, and certainty, and provides guidance on locus standi and authority in litigation by voluntary associations.