Despite the introduction of new legislation, South Africa’s Subdivision of Agricultural Land Act (SALA) continues to play a vital role in shaping agricultural land development. While the Preservation and Development of Agricultural Land Act (PDALA) was introduced to eventually replace SALA, its partial implementation has led to confusion for developers, municipalities, and planners regarding land classification and the legal pathways required for infrastructure and development projects.
This ambiguity was highlighted recently by two significant developments. First, in the case of Tridevco v Minister of Agriculture, the Supreme Court of Appeal (SCA) reaffirmed a broad interpretation of what constitutes “agricultural land” under SALA. Tridevco and Witfontein had intended to develop a mixed-use township on land they believed should not be classified as agricultural. However, the court ruled otherwise, stating that the land remained agricultural under SALA because both conditions for exemption — being under a health board and a Local Area Committee — had not been met. The SCA rejected the companies’ argument, even though the minister’s refusal to grant subdivision consent was ultimately overturned on procedural grounds.
The court found that the minister failed to engage with the Ekurhuleni Municipality or take its Integrated Development Plan into account, particularly the inclusion of the land within the Urban Edge. While the SCA upheld the classification of the land as agricultural, it reviewed and set aside the minister’s decision due to this procedural lapse. One judge dissented, arguing that land under a health board alone should suffice for exemption — an indication that legal interpretations of SALA remain unsettled.
Shortly after the Tridevco ruling, another important legal development occurred. A government gazette notice granted the National Transmission Company of South Africa (NTCSA), a subsidiary of Eskom, a conditional exemption from SALA for its transmission infrastructure projects. This exemption designates NTCSA as a statutory body under SALA but restricts the construction of substations within Protected Agricultural Areas (PAAs) unless they are subjected to proper SALA applications. Notably, while “PAA” is defined under PDALA — which has not yet come into effect — its appearance in the notice signals future regulatory expectations.
These developments underscore that national infrastructure developers must continue to engage with SALA’s requirements, even as PDALA looms. Experts like Nayna Cara, a commercial real estate specialist, emphasize that legal clarity around land classification is not just a technicality but a foundational step in safeguarding project timelines and regulatory compliance. She cautioned that delays and confusion could result if SALA requirements are not addressed from the outset.
In conclusion, although PDALA represents a legislative step forward for agricultural land protection and development, the continued legal weight of SALA — particularly in land classification and consent requirements — demands that developers work closely with town planners and municipalities. Early assessments of land status and SALA compliance remain essential to navigating South Africa’s evolving infrastructure and development landscape.
