Mahlaba v Dihlabeng Local Municipality and Others (779/2021) [2023] ZAFSHC 490 (21 December 2023)

Mahlaba v Dihlabeng Local Municipality and Others (779/2021) [2023] ZAFSHC 490 (21 December 2023)

The court found that the affidavit signed by the deceased on 8 August 2001 constituted a valid contract of donation under Section 5 of the General Law Amendment Act, as it was in writing and signed by the donor. The requirement for two witnesses only applies if the document is signed by an agent, which was not the case here. The evidence showed that the applicant accepted the donation on the same date, as reflected in the signed documents and supporting council records. The applicant fulfilled the condition to pay arrears, as supported by the documentation. However, as the property was not yet registered in the applicant's name, the court could not declare her the lawful and sole owner...

Citation
[2023] ZAFSHC 490
Parties
Applicant: Mmasephoso Amelia Mahlaba; Respondent: Dihlabeng Local Municipality; Respondent: Pheelo Johannes Motaung; Respondent: Registrar of Deeds
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
21 December 2023
Case Number
779/2021
Procedural Posture
Civil Application / First Instance
Outcome
Application partially granted; declaratory relief as to validity of donation and entitlement to transfer awarded; other relief denied; each party to pay own costs.
Judges
J F Hefer
Legal Topics
Donation of Immovable Property, Validity of Contract, Transfer of Title, Declaratory Relief
Land and Property Civil Procedure Donation of Immovable Property Validity of Contract Transfer of Title Declaratory Relief

Case Brief

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Parties

Mmasephoso Amelia Mahlaba

Applicant

Dihlabeng Local Municipality

Respondent

Pheelo Johannes Motaung

Respondent

Registrar of Deeds

Respondent

Procedural Posture

Civil Application / First Instance

Legal Issues

  1. 1 Whether the affidavit signed by the deceased constitutes a valid contract of donation for the property in question.
  2. 2 Whether the applicant accepted the donation prior to the donor's death.
  3. 3 Whether the applicant is entitled to transfer of the property into her name.

Ratio Decidendi

The court found that the affidavit signed by the deceased on 8 August 2001 constituted a valid contract of donation under Section 5 of the General Law Amendment Act, as it was in writing and signed by the donor. The requirement for two witnesses only applies if the document is signed by an agent, which was not the case here. The evidence showed that the applicant accepted the donation on the same date, as reflected in the signed documents and supporting council records. The applicant fulfilled the condition to pay arrears, as supported by the documentation. However, as the property was not yet registered in the applicant's name, the court could not declare her the lawful and sole owner...

Court Disposition

Application partially granted; declaratory relief as to validity of donation and entitlement to transfer awarded; other relief denied; each party to pay own costs.

Orders

  • It is declared that the sworn affidavit deposed to by the late Cecillia Maletsatsi Motaung on 8 August 2001 is to be regarded as a valid donation for purposes of Section 5 of the General Law Amendment Act 50 of 1956.
  • The applicant is entitled to the transfer of the property known as Erf 4[...] B[...], Bethlehem, Free State Province, in her name.