Mokgobo and Another v Mabona and Others (5777/2021) [2022] ZAFSHC 326 (14 November 2022)

Mokgobo and Another v Mabona and Others (5777/2021) [2022] ZAFSHC 326 (14 November 2022)

The court found that the sale and transfer of the property to the applicants was tainted by irregularities in the administration of the deceased estate, specifically Mrs Morakabi's failure to obtain the co-executrix's consent and her misrepresentation to the Master. The Director-General's administrative decision regarding transfer was not properly preceded by the required inquiry under the Conversion Act. The first respondent's occupation was not shown to be unlawful, as her right to occupy had not been lawfully terminated. Justice and equity, as required by the PIE Act, dictate that eviction should not be granted until the proper inquiry is held to determine rightful ownership. The court...

Citation
[2022] ZAFSHC 326
Parties
Applicant: Tsholohelo Eddie Mokgobo; Applicant: Aphaphia Mpotseng Mokgobo; Respondent: Keitumetse Maggie Mabona; Respondent: Any and all persons residing at or occupying the property of the applicants through or by virtue of the residence by or occupation of the 1st respondent; Respondent: Mangaung Metropolitan Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
14 November 2022
Case Number
5777/2021
Procedural Posture
Urgent Application / Judgment After Opposed Eviction and Counterapplication
Outcome
Eviction application dismissed; inquiry ordered under the Conversion Act; costs reserved.
Judges
Mhlambi
Legal Topics
Prevention of Illegal Eviction Act, Conversion of Rights Into Ownership, Administrative Action Review, Site Permit Disputes, Estate Administration, Just and Equitable Eviction
Land and Property Civil Procedure Administrative Law Prevention of Illegal Eviction Act Conversion of Rights Into Ownership Administrative Action Review Site Permit Disputes Estate Administration +1 more

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Parties

Tsholohelo Eddie Mokgobo

Applicant

Aphaphia Mpotseng Mokgobo

Applicant

Keitumetse Maggie Mabona

Respondent

Any and all persons residing at or occupying the property of the applicants through or by virtue of the residence by or occupation of the 1st respondent

Respondent

Mangaung Metropolitan Municipality

Respondent

Procedural Posture

Urgent Application / Judgment After Opposed Eviction and Counterapplication

Legal Issues

  1. 1 Whether the respondents are unlawful occupiers under the PIE Act and liable to eviction.
  2. 2 Whether the sale and transfer of the property to the applicants was valid given estate administration irregularities.
  3. 3 Whether an inquiry under the Conversion Act is required to determine rightful ownership.

Ratio Decidendi

The court found that the sale and transfer of the property to the applicants was tainted by irregularities in the administration of the deceased estate, specifically Mrs Morakabi's failure to obtain the co-executrix's consent and her misrepresentation to the Master. The Director-General's administrative decision regarding transfer was not properly preceded by the required inquiry under the Conversion Act. The first respondent's occupation was not shown to be unlawful, as her right to occupy had not been lawfully terminated. Justice and equity, as required by the PIE Act, dictate that eviction should not be granted until the proper inquiry is held to determine rightful ownership. The court...

Court Disposition

Eviction application dismissed; inquiry ordered under the Conversion Act; costs reserved.

Orders

  • The application for eviction of the respondents on erf number [....], Mangaung district, Bloemfontein, is dismissed.
  • The Director-General for the Department of Housing, Free State Province, is directed to hold an inquiry in respect of Erf [....], Mangaung, Bloemfontein in terms of section 2 of the Conversion of Certain Rights into Leasehold or Ownership Act 81 of 1988, and to declare who the owner of the Erf is.