Madisha and Another v Greater Tubatse Municipality and Others (65898/2012) [2014] ZAGPPHC 611 (15 August 2014)

Madisha and Another v Greater Tubatse Municipality and Others (65898/2012) [2014] ZAGPPHC 611 (15 August 2014)

The court held that the agreement of sale between the applicants and the late Ms Duiker was subject to the restrictions imposed by Section 10A of the National Housing Act, 107 of 1997, which was in force at the time of the sale. The property was allocated to Ms Duiker but never transferred into her name, and she was not the registered owner when she sold it to the applicants. The statutory restriction prohibiting sale or alienation within eight years of acquisition applied, and the property should have first been offered to the provincial housing department. The Limpopo Housing Act, 2 of 2006, did not apply retrospectively to the agreement, but the national Act's restrictions were...

Citation
[2014] ZAGPPHC 611
Parties
Applicant: Makonko Daniel Madisha; Applicant: Elizabeth Poppy Mathelele; Respondent: Greater Tubatse Municipality; Respondent: MEC for Local Government & Housing, Limpopo; Respondent: Henrik Duiker N.O.; Respondent: Rosemary Molapo; Respondent: Charlene Davids
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 August 2014
Case Number
65898/2012
Procedural Posture
Civil Application / Judgment
Outcome
Application dismissed with costs.
Judges
Bredenkamp
Legal Topics
State Subsidised Housing, Statutory Restrictions on Transfer, Retrospective Application of Statutes, Declaratory Relief
Land and Property Administrative Law State Subsidised Housing Statutory Restrictions on Transfer Retrospective Application of Statutes Declaratory Relief

Case Brief

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Parties

Makonko Daniel Madisha

Applicant

Elizabeth Poppy Mathelele

Applicant

Greater Tubatse Municipality

Respondent

MEC for Local Government & Housing, Limpopo

Respondent

Henrik Duiker N.O.

Respondent

Rosemary Molapo

Respondent

Charlene Davids

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the Limpopo Housing Act, 2 of 2006 applies retrospectively to the sale agreement entered into in 2004.
  2. 2 Whether the agreement of sale between the applicants and the late Ms Duiker contravened Section 13(1) of the Limpopo Housing Act, 2006 and Section 10A of the National Housing Act, 1997.
  3. 3 Whether the applicants are entitled to transfer of the property into their names.

Ratio Decidendi

The court held that the agreement of sale between the applicants and the late Ms Duiker was subject to the restrictions imposed by Section 10A of the National Housing Act, 107 of 1997, which was in force at the time of the sale. The property was allocated to Ms Duiker but never transferred into her name, and she was not the registered owner when she sold it to the applicants. The statutory restriction prohibiting sale or alienation within eight years of acquisition applied, and the property should have first been offered to the provincial housing department. The Limpopo Housing Act, 2 of 2006, did not apply retrospectively to the agreement, but the national Act's restrictions were...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.
  • No order is made in respect of the counterclaim.