By Brandon Moss 

Despite the anticipated shift toward modernised land legislation, recent legal and regulatory developments have reaffirmed the enduring influence of South Africa’s Subdivision of Agricultural Land Act (SALA) on agricultural land classification and infrastructure development. The complexities surrounding SALA’s application continue to shape project timelines, compliance strategies, and land-use decisions—especially as the country awaits the full implementation of the Preservation and Development of Agricultural Land Act (PDALA).

Legal Ambiguity in Land Classification

PDALA was designed to replace SALA, except in cases where applications had already been submitted or consents issued under SALA. However, this transitional overlap has created confusion for developers, municipalities, and planners—particularly when navigating land classification for agricultural use in national infrastructure projects.
Two recent developments have brought this issue into sharp focus.

Tridevco Judgment: A Definitional Crossroads

In a landmark ruling last month, the Supreme Court of Appeal (SCA) delivered its judgment in Tridevco v Minister of Agriculture, reaffirming SALA’s broad definition of “agricultural land.” The case revolved around a mixed-use township development proposed by Tridevco (Pty) Ltd and Witfontein X16 Boerdery CC. The Minister of Agriculture, Land Reform and Rural Development had denied their application to subdivide the land, citing its classification as “high potential agricultural land.”

The developers argued that the land—zoned “undetermined” and located within the Ekurhuleni Urban Edge—should not fall under SALA’s jurisdiction. They sought a declaratory order or a review of the minister’s decision.

The SCA majority held that the land did qualify as agricultural under SALA, interpreting section 1(a) to require both a health board and a Local Area Committee (LAC) for exclusion. Since no LAC existed, the land remained subject to SALA. However, the court found procedural flaws in the minister’s decision, notably the failure to consult the Ekurhuleni Municipality or consider its Integrated Development Plan (IDP). The decision was reviewed and set aside.

A dissenting judge argued that land under a health board alone should suffice for exclusion—highlighting ongoing ambiguity in SALA’s definitions.

NTCSA Exemption: Infrastructure Meets Agriculture

Just days after the judgment, a government gazette notice granted the National Transmission Company of South Africa (NTCSA)—a subsidiary of Eskom—a conditional exemption from SALA for transmission infrastructure. The exemption recognises NTCSA as a statutory body under SALA, allowing it to bypass ministerial consent requirements.

However, the exemption is not absolute. It prohibits substation development in Protected Agricultural Areas (PAAs) unless SALA applications are submitted. While PAAs are defined under PDALA, which is not yet operational, the notice anticipates future ministerial discretion in designating such areas.

Importantly, if NTCSA-owned land is transferred to private ownership, the exemption lapses—reinstating SALA’s requirements.

Legal Clarity Is Key

Commenting on these developments, Nayna Cara, a commercial real estate specialist at Pinsent Masons, noted: “The Tridevco case illustrates that even foundational definitions like ‘agricultural land’ remain open to interpretation, creating uncertainty for developers.”

She added that the NTCSA exemption underscores the need for early legal clarity: “These are not just technicalities—they are fundamental legal questions that affect how land is used, protected, and developed. As pressure mounts to identify usable land for infrastructure, resolving classification and compliance issues early is essential.”

SALA’s Enduring Relevance

While PDALA represents a progressive step toward safeguarding agricultural land and supporting its economic role, SALA remains a critical legal framework. Its influence continues to shape land-use decisions, especially in the context of re-zoning and infrastructure development.

Cara concluded: “SALA may be an old statute, but it remains a cornerstone of South Africa’s land-use regulation. Developers must work closely with town planners and municipalities to assess land classification and SALA compliance early in the project lifecycle.”