Sandenbergh v Mogale N.O. [1915] ZATPD 71 (10 September 1915)

Natives.-Contract for lease of land.-Approval of Executive.-Ignorance of all the facts.-Validity.-Law 3 of 1898, sec. 3.

The Chief of the Bapo trilte of natives entered into a contract under which he let a portion of the farm K to the plaintiff. The site so leased proved to be a portion of the farm K belonging to the Bakwena tribe, but there was nothing in the lease to show this. The Executive Council acting under sec. 3 of Law 3 of 1898 formally approved of the said contract, but the said approval was given in ignorance of the fact that the site leased was not on Bapo ground, Held, that sec. 3 of Law 3 of 1898 contemplated an approval by1 the Executive-Council with full knowledge of the facts and that as such approval had been given under the misapprehension that the site was on Bapo ground the contract was invalid.