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Lessons on subdivision, SALA and food security from the Tridevco judgment

The Supreme Court of Appeal (SCA) handed down judgment in the case of Tridevco (Pty) Ltd and Another v Minister of Agriculture, Land Reform & Rural Development and Others JDR 3247 (SCA) in which the court was asked to determine, first, whether a property owned by Tridevco (Pty) Ltd and Witfontein X16 Boerdery CC (collectively referred to as Tridevco) constituted “ agricultural lan d” under the Subdivision of Agricultural Land Act 70 of 1970 (SALA), which would require the consent of the Minister of Agriculture, Land Reform and Rural Development (Minister) for subdivision. The Minister refused Tridevco’s application for subdivision of the property on the basis that the land was high-potential agricultural land essential for food security of the country. The second issue for determination before the SCA was whether the refusal by the Minister to approve Tridevco’s subdivision application was reviewable, rational andlawful.