In Associated South African Bakeries v Oryx20 this Court held that where a seller enters into a contract of sale with a third party, who had knowledge of the right of pre-emption, in breach of that right, the purchaser can by way of a unilateral declaration of intent step into the shoes of the third party.
The moment a right of pre-emption is exercised after a contract was concluded with a third party, an independent contract, and not a substitutionary one, comes into existence between the grantor and grantee.
Regards,
Allen West
TONKIN CLACEY PRETORIA
012 346 1278
See case attached
