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Homemade chicken pies, fish curries and bobotie Accommodation in Parys For a day out with a difference, why not go berry picking at Bon-Af Berry Farm and experience picking berries straight from the bush. If you gather enough you can Accommodation in Memel The Sediba Trail is a moderately easy 16km hiking trail that rewards hikers with several waterfalls and pools offering three chalets in good condition , that all Accommodation in Parys Earth Adventures offers safe and exciting abseiling at a number of venues around the Vredefort Dome.
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Northern Free State. Lekoa Lodge Chalets accommodate between two and eight guests and have everything you will need for your stay. Want to stay overnight? Why book with SA-Venues. No airy fairy service fees; you save! We care. Service with integrity. Hearing dates: March; 5 October Judgment delivered: 9 October An order authorising and directing the Registrar of Deeds the second defendant to deregister the contract of lease and the cession agreement;.
By agreement between the parties, the trials of the claim in convention and the counterclaim were separated in terms of rule 33 4. Counsel were agreed that the practical effect of the separation was that the relief sought by the plaintiff, as described in item 3, above, could not be granted until after the later determination of the claim in reconvention, if the case proceeded that far.
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The lease was registered in terms of a power of attorney executed by the plaintiff on 13 October The power of attorney provided as follows:. Ek, die ondergetekende,. Matthys Pieter Ruben de Villiers.
Identiteitsnommer 08 3. Getroud buite gemeenskap van goed. Geteken te De Doorns op 13 Oktober As getuies:. M P R de Villiers. The background history may be summarised as follows I have simplified the facts in certain respects for brevity and clarity; the omitted detail is not relevant for the adjudication of the case :. The plaintiff had approached De Kock for financial advice many years ago at a time when he had been under pressure from one of his brothers to repay a loan.
In terms of the arrangements made at that stage, the plaintiff and De Kock agreed that De Kock would control and manage the property. The lease was in respect of only the two smaller registered land units making up the property, which were planted with vineyards or developed with housing for the farm workers. The lease contained special terms that obliged the lessee to work and improve the property and to afford the plaintiff a share in the proceeds of the farming enterprise to be conducted on the farm by the lessee.
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The arrangement enabled the plaintiff to remain living on the property and to maintain his family. On 20 November , the plaintiff and Cape Orchard also executed a written agreement of loan, which recorded that the plaintiff was already indebted to Cape Orchard at that stage in an amount of approximately R The rental payable to the plaintiff by Cape Orchard in terms of the lease was offset against the capital owed and the interest accruing to Cape Orchard in terms of the loan.
In or about , De Kock concluded that the plaintiff did not have the means to repay the loan, and would only be able to do so if the property were sold. De Kock and the plaintiff then agreed upon an arrangement in terms whereof the property would be sold to a company. The Trust was duly established, with the plaintiff and De Kock as the co-trustees; and the defendant company was acquired for the purpose of purchasing and holding the property. One of the brothers declined to waive his right of pre-emption.
It would appear from correspondence in the trial bundle that this must have happened sometime between 13 and 23 October The agreement consequently could not be carried through and it was cancelled. De Kock or Cape Orchard thereafter acquired the entire shareholding in the defendant company and the Trust continued in existence only in name. Indeed, De Kock testified that the trustees never held a meeting at any stage. Notwithstanding the failure of the sale agreement, De Kock continued to provide for the plaintiff and his family.
The idea had been that the contemplated rights of pre-emption would replace those that the brothers had previously enjoyed in the property against the plaintiff. After the arrangement to sell the property to the defendant was frustrated, it was decided instead to enter into a year lease. A registered year lease would afford the defendant the security De Kock required and, if it were in respect of the whole property i.
It was the common intention of the plaintiff and De Kock that the plaintiff and his wife should not lack for a roof over their heads and that, notwithstanding the conclusion of a year lease agreement, they should have the right to continue living in the dwelling house on the property for as long as they might wish.
This was the draft referred to earlier at paragraph [4], above. It is plain that the draft was signed for the purposes of obtaining the notarial execution of a lease in accordance with the provisions of the document. The introductory section of the draft went as follows:. Protokol Nr:. Hiermee word bekend gemaak dat op En as agent van. Elspiek Boerdery Edms Bpk. En die partye verklaar dat:. Underlining supplied for highlighting purposes. If regard is had to the wording of the power of attorney, it is evident that it was equally amenable for use with the document signed in May as an annexure as it had been for the originally annexed registration of pre-emptive right agreement.
The two documents have to be read together as a composite instrument.
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From a practical point of view there was nothing exceptionable about such economy of documentation. Whether authority for the particular transaction was indeed granted in accordance with the tenor of the power of attorney document is a question of fact. There was no suggestion in the evidence that the plaintiff had executed any other power of attorney on 13 October It did not matter that the power of attorney document had originally been drafted and brought into being for a quite different purpose.
The implication was that the power of attorney document executed by the plaintiff in October ceased to have effect when the idea of registering the cancellation and substitution of pre-emptive rights in favour of his brothers fell away. The argument is correct only insofar as it pertains to the power of attorney read as it was with the original annexure. It ignores the effect of the plaintiff having subsequently used the power of attorney document with a different attachment.
The latter act evidenced a separate juristic act in respect of the grant of authority for a quite different purpose. As noted, the power of attorney document is indeed ineffectual unless construed with an attachment initialled by the principal for identification. The draft contained a declaration that the lessor is the registered owner of the property and the power of attorney document to which it was attached purports to record a grant of authority by the plaintiff personally, and not in his capacity as a trustee.
The Trust had never been the registered owner of the property, and it had never been provided in the various arrangements contemplated by the parties that it should become such. In my view there is nothing to be made of that in the peculiar factual context. The perpetuation or repetition of a mistake does not alter the fact that it remains a mistake.