Heard: 21 24 October 2008; 8 10 September 2014 – – 6 February 2015 Delivered: Flynote: Land Sale Agricultural land Agricultural (Commercial) Land Reform – – – Act, 1195 (Act 6 of 1995) providing that agreement of alienation of agricultural land of no force and effect until land first offered to State and certificate of waiver furnished In terms of section 17(3) this provision – does not apply where land alienated in administration of deceased estate In casu option granted in respect of farm Option exercised after death – – of grantor but before appointment of executor Farm not offered to State – and no certificate of waiver furnished Held that granting of option not an – alienation under Act Upon exercise of option agreement of alienation – comes into being When option exercised no executor appointed and no – deceased estate being administered In casu alienation not in – administration of deceased estate - Farm also not alienated by duly appointed executor in order to cover debts of estate or to give effect to wishes of testator as expressed in will - Had option grantor not died, agreement of alienation would have been of no force and effect - Mere fact of his death and timing of acceptance of option do not change position - Mere coincidence with no legal significance as far as the provisions of section 17 are concerned.
Heard: 21 – 24 October 2008; 8 – 10 September 2014 Delivered: 6 February 2015 Flynote: Land – Sale – Agricultural land – Agricultural (Commercial) Land Reform Act, 1195 (Act 6 of 1995) providing that agreement of alienation of agricultural land of no force and effect until land first offered to State and certificate of waiver furnished – In terms of section 17(3) this provision does not apply where land alienated in administration of deceased estate – In casu option granted in respect of farm – Option exercised after death of grantor but before appointment of executor – Farm not offered to State and no certificate of waiver furnished – Held that granting of option not an alienation under Act – Upon exercise of option agreement of alienation comes into being – When option exercised no executor appointed and no deceased estate being administered – In casu alienation not in administration of deceased estate - Farm also not alienated by duly appointed executor in order to cover debts of estate or to give effect to wishes of testator as expressed in will - Had option grantor not died, agreement of alienation would have been of no force and effect - Mere fact of his death and timing of acceptance of option do not change position - Mere coincidence with no legal significance as far as the provisions of section 17 are concerned.