Mashiyane and Others v Kekana and Others (2021/8960) [2025] ZAGPJHC 715 (28 March 2025)

Mashiyane and Others v Kekana and Others (2021/8960) [2025] ZAGPJHC 715 (28 March 2025)

The applicants seek to challenge the registration of the property in the name of Irma Moloi and prevent the first respondent from exercising ownership rights. However, they have not brought a review of the administrative decision that led to the transfer under the Conversion Act, nor have they sought to set aside that decision. The statutory scheme prescribes an administrative inquiry and provides for judicial review as the appropriate remedy for aggrieved parties. The applicants' failure to pursue the correct legal mechanism renders their application fatally defective. The relief sought cannot be granted outside the bounds of the statutory scheme, and the application is dismissed on this...

Citation
[2025] ZAGPJHC 715
Parties
Applicant: Mamoketi Eldah Mashiyane; Applicant: Isabel Louisa Maloka; Applicant: Ivan Moloi; Respondent: Lindiwe Maria Kekana NO; Respondent: Director General of the Department of Housing Gauteng Province; Respondent: MEC of Human Settlements Gauteng Province; Respondent: City of Johannesburg Metropolitan Municipality; Respondent: Registrar of Deeds Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 March 2025
Case Number
2021/8960
Procedural Posture
Urgent Application / Application for Cancellation of Title Deed and Declaratory Order
Outcome
Application dismissed with costs.
Judges
WJ du Plessis
Legal Topics
Conversion Act Transfer, Intestate Succession, Administrative Review, Title Deed Cancellation
Land and Property Civil Procedure Conversion Act Transfer Intestate Succession Administrative Review Title Deed Cancellation

Case Brief

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Parties

Mamoketi Eldah Mashiyane

Applicant

Isabel Louisa Maloka

Applicant

Ivan Moloi

Applicant

Lindiwe Maria Kekana NO

Respondent

Director General of the Department of Housing Gauteng Province

Respondent

MEC of Human Settlements Gauteng Province

Respondent

City of Johannesburg Metropolitan Municipality

Respondent

Registrar of Deeds Johannesburg

Respondent

Procedural Posture

Urgent Application / Application for Cancellation of Title Deed and Declaratory Order

Legal Issues

  1. 1 Whether the registration of the property in the name of Irma Moloi was lawful and regular under the Conversion Act.
  2. 2 Whether the applicants are entitled to cancellation of the title deed and a declaratory order without bringing a review of the administrative decision.
  3. 3 Whether the applicants have locus standi to bring the application.

Ratio Decidendi

The applicants seek to challenge the registration of the property in the name of Irma Moloi and prevent the first respondent from exercising ownership rights. However, they have not brought a review of the administrative decision that led to the transfer under the Conversion Act, nor have they sought to set aside that decision. The statutory scheme prescribes an administrative inquiry and provides for judicial review as the appropriate remedy for aggrieved parties. The applicants' failure to pursue the correct legal mechanism renders their application fatally defective. The relief sought cannot be granted outside the bounds of the statutory scheme, and the application is dismissed on this...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • Costs are to be taxed on scale B.