Judgment No. SC 22/18 Civil Appeal No. SC 291/16 THE CERTIFICATE OF URGENCY [31] The certificate of urgency was filed by one Jacobus Petrus Obelholzer, a legal practitioner. In that certificate he stated that the matter involved an offer letter which, as far as appellant was aware, had been issued in respect of land that had not been acquired by the State. He further stated:“The applicant stands to suffer serious prejudice of a financial nature should no interdict be granted urgently. In the event that the first respondent and/or his wife and /or persons claiming through him move onto the farm with their cattle, there will be intermixing of herds, which can barely be avoided on a farm of the size of Centenary. Intermixing leads to uncontrolled cross breeding and potentially to communication of diseases, which are both fatal to a business of pedigree rearing …” APPELLANT’S FOUNDING AFFIDAVIT [32] In its founding affidavit, the appellant stated: “27. 28. 29. 30. 31. 32. I now bring this urgent application for an order interdicting the 1 st respondent from taking occupation of the farm and/or moving cattle onto the farm until the legitimacy of the offer letter is established by this Honourable Court. In other words, because of the potentiality for grave prejudice to the applicant, and to the 1st respondent himself, as well as third parties who have financed the applicant which prejudice will follow if the 1st respondent is allowed to occupy on the basis of an offer letter which turns out to be improperly issued, there is need for this Honourable Court to issue a temporary interdict until the legitimacy of the offer letter is ascertained. … … Therefore, from all appearances that farm has not been gazetted and the offer letter cannot, therefore, be valid. The applicant, therefore, prays for an interdict to be issued pending disclosure of the full circumstances of the authority of the offer letter …” ORDER OF THE COURT A QUO [33] The High Court issued the following provisional order:“TERMS OF FINAL ORDER SOUGHT 1. The offer letter issued by the 2nd respondent herein on the 13th February 2014 be and is hereby declared invalid and set aside. 2. The 1st respondent and all persons claiming occupation through him be and are hereby permanently interdicted from taking occupation of, or bringing cattle onto 13