TLU SA can no longer allow individuals under financial pressure to suffer even more and therefore TLU SA applied to enter a court case in the court in Kimberley as a friend of the court.
This means that TLU SA is given the opportunity to inform the court regarding the interests of farmers in general and not on behalf of one of the parties to the case.
Because this case is a dispute over an issue that is of interest to farmers, the court can allow TLU SA to join. As a friend of the court, TLU SA may then address the court on the matter in question.
The current position is that a company, when it is in financial trouble, can approach the court for business rescue. Thus, the company gets a “ceasefire” with its creditors. This benefit is not available to individuals nor to Trusts. Farmers who farm in this way therefore do not have the advantage of a “ceasefire”.
This position is discriminatory to farmers and businesspeople and because it discriminates it is contrary to the country’s Constitution.
“The situation must be rectified, and the government must be obliged by the court to ensure that legislation in this regard is rectified. That is why TLU SA is bringing the application,” said Mr Bennie Van Zyl, General Manager of TLU SA.
If the court approves the application, the matter will be referred to the Constitutional Court and it is requested that the order be given as mentioned above. Farmers’ interests will thus be promoted.
“We cannot address the climate or the world conditions to make life easier for our farmers, but where it is possible for TLU SA to help and assist our country’s farmers, we will do everything in our power,” Mr Van Zyl added.
Read the original article in Afrikaans on TLU SA