Winemaker and Land Bank faceoff in Con Court

The Constitutional Court granted well-known Tulbagh winemaker Nicolas Krone and his company, Twee Jonge Gezellen, the opportunity to challenge the principle of “paying up before arguing the validity of a debt” in a dispute with the Land Bank.
Issue date: 1 October 2010

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The Land Bank said Krone and the company signed an acknowledgement of debt of R37,9 million in the bank’s favour. But Krone and his company argue that the legal process of provisional court orders is unconstitutional as it deprived them of the right to prove in court, inter alia, that the amount owed is only R20 million, as the law requires the full amount be paid before the case can proceed.

Chief Justice Sandile Ngcobo ordered Krone, his company and the Land Bank to present oral arguments on 18 November.Land Bank CEO Phakamani Hadebe said several cases were being pursued through the courts as clients had taken advantage of the bank’s problems and system failures. The bank’s chief legal officer Jerome Mthembu reportedly said that if the Constitutional Court ruled in their favour, they could resolve many outstanding cases. But an opposite ruling could result in many more similar cases being brought against the bank. 

 

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