Bullock NO and Others v Provincial Government of North West Province and Another

The appellants were trustees of the Transvaal Yacht Club (TYC), which owned property adjoining the Hartebeestpoort Dam and had, for over 30 years, leased adjacent foreshore land from the Provincial Government of the North West Province. During its occupation, the TYC constructed substantial improvements essential to its operations. While negotiations for renewal of the lease were ongoing, the Premier of the North West Province had already approved the registration of an exclusive servitude over the same foreshore in favour of a neighbouring landowner (the second respondent), based on legal advice that he was entitled to such a servitude arising from historic contractual rights. The TYC was not informed of this decision and only later learned that the lease would not be renewed. The TYC sought to have the Premier’s decision set aside, arguing it constituted unlawful and unfair administrative action.

The appeal was upheld with costs. The decision of the Provincial Government to register the notarial deed of servitude in favour of the second respondent was set aside, and the Provincial Government was ordered to pay the appellants’ costs, including the costs of two counsel.

The case is significant for clarifying that decisions by organs of State disposing of rights in State-owned property can constitute administrative action subject to constitutional review. It affirms broad standing to challenge unjustifiable administrative action and reinforces the doctrine of legitimate expectation in South African administrative law, particularly in the context of long-standing leases and public resources.