Relmar Holdings (Pty) Ltd v Minister of Agriculture, Forestry And Fisheries and Another (4122/2015) [2015] ZAWCHC 103

31st July 2015

Relmar Holdings (Pty) Ltd v Minister of Agriculture, Forestry And Fisheries and Another (4122/2015) [2015] ZAWCHC 103

Introduction

[1] The applicant brought an urgent application seeking an order that:

1.1 It is entitled to participate in and bid at the auction of abalone  described as follows:

“South African Wild Abalone (dried), consisting of three lots namely Lot A (load 7): 2399.83 kg; Lot B (load 8): 1821.08 kg; Lot C (load 9): 2681.12 kg.”

scheduled for 10:00 a.m. on 10 March 2015, and any auction or sale of the abalone on a later date.

1.2 The requirement in paragraph 1.2 of the ‘auction rules’ for the sale of confiscated abalone, administration rules and procedures dated 10 March 2015 is declared invalid and is set aside.

[2] The respondents opposed the application. The auction which was scheduled for 10 March 2015 was postponed by agreement between the parties, pending the outcome of this application.