Malgas and Another v Alexander and Others (21137/2017) [2022] ZAGPJHC 25 (13 January 2022)

Malgas and Another v Alexander and Others (21137/2017) [2022] ZAGPJHC 25 (13 January 2022)

The applicants failed to establish any impropriety or error in the registration of the property into the name of Mr Alexander or the first respondent. There is no evidence that the City of Johannesburg or its departments acted unlawfully or failed to comply with the Conversion Act in determining the 'most deserving beneficiary.' The application is not formulated as a review and does not meet the requirements for review, including time limits and exhaustion of remedies. The only basis advanced is that it would be just and equitable to cancel the title deed due to the applicants' lack of alternative accommodation, which is insufficient in law. The legal framework for cancellation of a title...

Citation
[2022] ZAGPJHC 25
Parties
Applicant: Steven Malgas; Applicant: Faith Michelle Malgas; Respondent: Cleorese Alexander; Respondent: Deeds Registry, Johannesburg; Respondent: City of Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
13 January 2022
Case Number
21137/2017
Procedural Posture
Civil Application / Opposed Motion; Judgment on Merits
Outcome
Application dismissed with costs; condonation granted for late filing of answering affidavit.
Judges
G Nel
Legal Topics
Deeds Registries Act, Conversion of Rights Act, Title Deed Cancellation, Municipal Housing Dispute, Administrative Action, Ownership Determination
Land and Property Civil Procedure Deeds Registries Act Conversion of Rights Act Title Deed Cancellation Municipal Housing Dispute Administrative Action Ownership Determination

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Parties

Steven Malgas

Applicant

Faith Michelle Malgas

Applicant

Cleorese Alexander

Respondent

Deeds Registry, Johannesburg

Respondent

City of Johannesburg

Respondent

Procedural Posture

Civil Application / Opposed Motion; Judgment on Merits

Legal Issues

  1. 1 Whether the applicants have established lawful grounds for cancellation of the title deed registered in the name of the first respondent.
  2. 2 Whether the determination of the City of Johannesburg regarding the 'most deserving beneficiary' of the property should be referred back for reconsideration.
  3. 3 Whether the application constitutes a review of an administrative decision and, if so, whether it meets the requirements for such a review.

Ratio Decidendi

The applicants failed to establish any impropriety or error in the registration of the property into the name of Mr Alexander or the first respondent. There is no evidence that the City of Johannesburg or its departments acted unlawfully or failed to comply with the Conversion Act in determining the 'most deserving beneficiary.' The application is not formulated as a review and does not meet the requirements for review, including time limits and exhaustion of remedies. The only basis advanced is that it would be just and equitable to cancel the title deed due to the applicants' lack of alternative accommodation, which is insufficient in law. The legal framework for cancellation of a title...

Court Disposition

Application dismissed with costs; condonation granted for late filing of answering affidavit.

Orders

  • The late filing of the First Respondent's Answering Affidavit is condoned.
  • The application is dismissed.