Mohlala v Mashamaite and Others (2022/059691) [2024] ZAGPJHC 607 (4 July 2024)

Mohlala v Mashamaite and Others (2022/059691) [2024] ZAGPJHC 607 (4 July 2024)

The court found that the affidavits and annexure relied upon by the applicant constitute a valid deed of alienation for the purposes of section 2(1) of the Alienation of Land Act. The respondent's denials were rejected as vague and unsupported. The absence of certain terms prescribed by section 6 of the Act did not render the deed void, as those terms were not material to the agreement and the purchaser did not seek to avoid the contract. However, due to the involvement of the state in the allocation and development of the property, and the restrictions imposed by section 10A of the Housing Act, the court determined that the provincial government should be given an opportunity to raise...

Citation
[2024] ZAGPJHC 607
Parties
Applicant: Thobedi Collins Mohlala; Respondent: Lawrence Mashamaite; Respondent: Ekurhuleni Metropolitan Municipality; Respondent: Registrar of Deeds, Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
4 July 2024
Case Number
2022/059691
Procedural Posture
Civil Application / Rule Nisi Issued; Joinder of Fourth Respondent; Interim Relief Pending Return Date
Outcome
Rule nisi issued; joinder of the MEC for Human Settlements as fourth respondent; interim declaration of validity of deed of alienation and ownership subject to respondents showing cause; costs reserved.
Judges
S D J Wilson
Legal Topics
Alienation of Land Act, Deed of Alienation, Instalment Sale Agreement, Housing Subsidy, Joinder of Parties, Rule Nisi
Land and Property Civil Procedure Alienation of Land Act Deed of Alienation Instalment Sale Agreement Housing Subsidy Joinder of Parties Rule Nisi

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Parties

Thobedi Collins Mohlala

Applicant

Lawrence Mashamaite

Respondent

Ekurhuleni Metropolitan Municipality

Respondent

Registrar of Deeds, Johannesburg

Respondent

Procedural Posture

Civil Application / Rule Nisi Issued; Joinder of Fourth Respondent; Interim Relief Pending Return Date

Legal Issues

  1. 1 Whether the sale agreement between Mr. Mohlala and Mr. Mashamaite constitutes a valid deed of alienation under section 2(1) of the Alienation of Land Act 68 of 1981.
  2. 2 Whether non-compliance with section 6 of the Alienation of Land Act renders the deed of alienation void.
  3. 3 Whether Mr. Mashamaite had the right to alienate the property under the national housing subsidy scheme at the time of sale.

Ratio Decidendi

The court found that the affidavits and annexure relied upon by the applicant constitute a valid deed of alienation for the purposes of section 2(1) of the Alienation of Land Act. The respondent's denials were rejected as vague and unsupported. The absence of certain terms prescribed by section 6 of the Act did not render the deed void, as those terms were not material to the agreement and the purchaser did not seek to avoid the contract. However, due to the involvement of the state in the allocation and development of the property, and the restrictions imposed by section 10A of the Housing Act, the court determined that the provincial government should be given an opportunity to raise...

Court Disposition

Rule nisi issued; joinder of the MEC for Human Settlements as fourth respondent; interim declaration of validity of deed of alienation and ownership subject to respondents showing cause; costs reserved.

Orders

  • The MEC for Human Settlements (Gauteng) is joined as the fourth respondent.
  • A rule nisi is issued calling on the second, third and fourth respondents to show cause on 8 August 2024 why the following order should not be granted: (1) Declaration that annexures TCM 1, TCM 2 and TCM 3 constitute a valid deed of alienation under section 2(1) of the Alienation of Land Act 68 of 1981; (2)...