Winemaker, Land Bank in legal clash

Cape Town - On Monday Chief Justice Sandile Ngcobo opened the door of the Constitutional Court just a crack for well-known winemaker Nicolas Krone and his company, Twee Jonge Gezellen.

Ngcobo ordered Krone, his company and the Land Bank to present oral argument on November 18 in a dispute dealing with R37.9m the Land Bank is demanding from Krone and his company.

According to the Land Bank, Krone and Twee Jonge Gezellen signed an acknowledgement of debt for that amount in the Land Bank’s favour.

On the strength of the acknowledgement the Land Bank had obtained a provisional order from Judge Siraj Desai in the Cape High Court.

In terms of the order, R37.9m had to be paid to the Land Bank within two months.

Krone and his company’s argument in the Constitutional Court is that the entire legal process of provisional court orders is unconstitutional, and that the doors of the country's courts are effectively closed to it.

The provisional court order deprives Krone and his company of the right to prove in court, inter alia, that the amount owed is in reality only R20m.

This cannot be proved because the law requires the full amount of the provisional order – R37.9m – to be paid to the Land Bank first, before the case can proceed.

Krone said that neither he nor Twee Jonge Gezellen could afford to pay the R37.9m.

- Sake24