Makhubo and Another v Maluleke and Others (22297/2011) [2012] ZAGPJHC 206 (10 October 2012)

Makhubo and Another v Maluleke and Others (22297/2011) [2012] ZAGPJHC 206 (10 October 2012)

The court found that the transfer of the property from the Province of Gauteng to Sipho Michael Motha and all subsequent transfers were tainted by fraud, irregularities, and improper conduct by officials and transferees. The applicants demonstrated continuous occupation and persistent efforts to challenge the transfers. The processes used to effect transfer were fatally flawed and did not comply with the applicable legislation. The court held that the Registrar of Deeds must cancel the title deed and revert ownership to the Gauteng Provincial Government. An enquiry in terms of section 2 of the Conversion of Certain Rights into Leasehold or Ownership Act 81 of 1988 must be conducted to...

Citation
[2012] ZAGPJHC 206
Parties
Applicant: Lindiwe Nyandeni Makhubo; Applicant: Kenneth Mahlokohla; Respondent: Gift Maluleke; Respondent: The Standard Bank of SA Ltd; Respondent: Director-General: Gauteng Province; Respondent: Registrar of Deeds, Johannesburg; Respondent: Sarah Phethelaphi Shipalane
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
10 October 2012
Case Number
22297/2011
Procedural Posture
Review Application / Judgment
Outcome
Application granted. The transfer of the property and all subsequent transfers are set aside and declared null and void. Ownership reverts to the Gauteng Provincial Government. An enquiry is ordered to determine the rightful owner. Costs awarded against the second respondent.
Judges
N F Kgomo
Legal Topics
Conversion of Rights to Ownership, Fraudulent Transfer, Deeds Registry Act, Section 2 Enquiry, Setting Aside Transfer, Locus Standi
Land and Property Administrative Law Conversion of Rights to Ownership Fraudulent Transfer Deeds Registry Act Section 2 Enquiry Setting Aside Transfer Locus Standi

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Parties

Lindiwe Nyandeni Makhubo

Applicant

Kenneth Mahlokohla

Applicant

Gift Maluleke

Respondent

The Standard Bank of SA Ltd

Respondent

Director-General: Gauteng Province

Respondent

Registrar of Deeds, Johannesburg

Respondent

Sarah Phethelaphi Shipalane

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the transfer of Erf 1428, Key Drive, Jabulani, Soweto from the Province of Gauteng to Sipho Michael Motha and subsequent transfers were lawful.
  2. 2 Whether the applicants have locus standi to challenge the transfers and seek ownership.
  3. 3 Whether the Registrar of Deeds should cancel the title deed and revert ownership to the Gauteng Provincial Government.

Ratio Decidendi

The court found that the transfer of the property from the Province of Gauteng to Sipho Michael Motha and all subsequent transfers were tainted by fraud, irregularities, and improper conduct by officials and transferees. The applicants demonstrated continuous occupation and persistent efforts to challenge the transfers. The processes used to effect transfer were fatally flawed and did not comply with the applicable legislation. The court held that the Registrar of Deeds must cancel the title deed and revert ownership to the Gauteng Provincial Government. An enquiry in terms of section 2 of the Conversion of Certain Rights into Leasehold or Ownership Act 81 of 1988 must be conducted to...

Court Disposition

Application granted. The transfer of the property and all subsequent transfers are set aside and declared null and void. Ownership reverts to the Gauteng Provincial Government. An enquiry is ordered to determine the rightful owner. Costs awarded against the second respondent.

Orders

  • The transfer of Erf 1428, Key Drive, Johannesburg, Soweto from the Province of Gauteng to Sipho Michael Motha and all subsequent transfers is set aside and declared null and void and cancelled.
  • The Registrar of Deeds, Johannesburg is ordered to cancel the title deed or Deed of Transfer T11950/1999 involving Sipho Michael Motha and revert ownership of the property to the Gauteng Provincial Government.