Medupe and Others v Sithole and Others (42116/2013) [2015] ZAGPJHC 17 (3 February 2015)

Medupe and Others v Sithole and Others (42116/2013) [2015] ZAGPJHC 17 (3 February 2015)

The court found that the transfer of the property to the first and second respondents was effected in error and without following the adjudication procedure prescribed by section 24A of the Gauteng Housing Act. The evidence, including the affidavit from the Director of Assets Disposal and Regularisation, confirmed that conflicting claims existed and that the Municipality had resolved the dispute in favour of the applicants. The respondents failed to refute these facts. Accordingly, the court held that the title deed in the respondents' names must be cancelled and the property re-transferred to the Provincial Government of Gauteng.

Citation
[2015] ZAGPJHC 17
Parties
Applicant: Filip Philemon Medupe; Applicant: Mapiso Esme Medupe; Applicant: Director-General of the Department of Housing, Gauteng Province; Respondent: Ephraim Mkhitshwa Sithole; Respondent: Duduzile Elizabeth Sithole; Respondent: Registrar of Deeds
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
3 February 2015
Case Number
42116/2013
Procedural Posture
Civil Application / Judgment Delivered After Hearing on 29 August 2014
Outcome
Application granted; title deed cancelled and property to be re-transferred to the Provincial Government of Gauteng. Costs awarded against first and second respondents.
Judges
N P G Redman
Legal Topics
Transfer of Title, Adjudication of Housing Disputes, Error in Registration, Municipal Allocation, Section 24a Gauteng Housing Act
Land and Property Administrative Law Transfer of Title Adjudication of Housing Disputes Error in Registration Municipal Allocation Section 24a Gauteng Housing Act

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Parties

Filip Philemon Medupe

Applicant

Mapiso Esme Medupe

Applicant

Director-General of the Department of Housing, Gauteng Province

Applicant

Ephraim Mkhitshwa Sithole

Respondent

Duduzile Elizabeth Sithole

Respondent

Registrar of Deeds

Respondent

Procedural Posture

Civil Application / Judgment Delivered After Hearing on 29 August 2014

Legal Issues

  1. 1 Whether the transfer of the property to the first and second respondents was effected in error.
  2. 2 Whether the procedure prescribed in section 24A of the Gauteng Housing Act was followed before transfer.
  3. 3 Whether the title deed in the names of the first and second respondents should be cancelled and the property re-transferred to the Provincial Government.

Ratio Decidendi

The court found that the transfer of the property to the first and second respondents was effected in error and without following the adjudication procedure prescribed by section 24A of the Gauteng Housing Act. The evidence, including the affidavit from the Director of Assets Disposal and Regularisation, confirmed that conflicting claims existed and that the Municipality had resolved the dispute in favour of the applicants. The respondents failed to refute these facts. Accordingly, the court held that the title deed in the respondents' names must be cancelled and the property re-transferred to the Provincial Government of Gauteng.

Court Disposition

Application granted; title deed cancelled and property to be re-transferred to the Provincial Government of Gauteng. Costs awarded against first and second respondents.

Orders

  • Title Deed No. T....... in respect of erf 3..... R..... E........ 2 Township M...... City in the names of Ephraim Mkhitshwa Sithole and Duduzile Elizabeth Sithole is hereby cancelled.
  • The Registrar of Deeds, Johannesburg is directed to cancel Title Deed No. T4851/2012 in respect of erf 3........ R.......... E...... 2 Township M...... City.