Molata v Lakaje and Others (25181/2014) [2016] ZAGPJHC 116 (26 May 2016)

Molata v Lakaje and Others (25181/2014) [2016] ZAGPJHC 116 (26 May 2016)

The court found that the title deed for the property was erroneously issued to the First Respondent and her late husband, who were not permit holders. The Director-General's powers do not extend to cancelling a title deed; only a court may do so. The applicant, as the son of the original permit holder, has a legitimate claim to have the title deed cancelled and an inquiry held to determine the rightful claimant. The First Respondent did not assert any entitlement to ownership and failed to provide evidence to challenge the applicant's claim. The only factual dispute—residence at the property—was immaterial to the determination of ownership rights under the relevant legislation. The court...

Citation
[2016] ZAGPJHC 116
Parties
Applicant: Rapelo Alfred Molata; Respondent: Seanet Lakaje; Respondent: The Executor in the Estate of the late Laban Lakaje; Respondent: The Director-General of the Department of Housing, Gauteng Province; Respondent: The MEC for the Department of Housing, Gauteng Province; Respondent: The City of Johannesburg Metropolitan Municipality; Respondent: The Registrar of Deeds, Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 May 2016
Case Number
25181/2014
Procedural Posture
Review Application / Judgment Delivered After Opposed Motion Proceedings
Outcome
Application granted. Title deed cancelled. Inquiry ordered. Costs awarded against First Respondent. Possible perjury referred for investigation.
Judges
T.V. Ratshibvumo
Legal Topics
Title Deed Cancellation, Conversion of Rights Act, Permit Holder Entitlement, Administrative Inquiry, Perjury in Affidavit
Land and Property Administrative Law Civil Procedure Title Deed Cancellation Conversion of Rights Act Permit Holder Entitlement Administrative Inquiry Perjury in Affidavit

Case Brief

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Parties

Rapelo Alfred Molata

Applicant

Seanet Lakaje

Respondent

The Executor in the Estate of the late Laban Lakaje

Respondent

The Director-General of the Department of Housing, Gauteng Province

Respondent

The MEC for the Department of Housing, Gauteng Province

Respondent

The City of Johannesburg Metropolitan Municipality

Respondent

The Registrar of Deeds, Johannesburg

Respondent

Procedural Posture

Review Application / Judgment Delivered After Opposed Motion Proceedings

Legal Issues

  1. 1 Whether the title deed for the property was erroneously issued to the First Respondent and her late husband.
  2. 2 Whether the Registrar of Deeds should be ordered to cancel the title deed and all rights accorded to the First Respondent.
  3. 3 Whether an inquiry should be held to determine the rightful claimant to the property under the Conversion of Certain Rights into Leasehold or Ownership Act.

Ratio Decidendi

The court found that the title deed for the property was erroneously issued to the First Respondent and her late husband, who were not permit holders. The Director-General's powers do not extend to cancelling a title deed; only a court may do so. The applicant, as the son of the original permit holder, has a legitimate claim to have the title deed cancelled and an inquiry held to determine the rightful claimant. The First Respondent did not assert any entitlement to ownership and failed to provide evidence to challenge the applicant's claim. The only factual dispute—residence at the property—was immaterial to the determination of ownership rights under the relevant legislation. The court...

Court Disposition

Application granted. Title deed cancelled. Inquiry ordered. Costs awarded against First Respondent. Possible perjury referred for investigation.

Orders

  • The Registrar of Deeds (Johannesburg) is ordered to cancel Title Deed No. [T4………], which holds property known as ERF [9…..] [M…….] Township, Soweto, and cancel all rights accorded to the First Respondent by virtue of the Title Deed.
  • The Director-General for the Department of Housing, Gauteng Province, is directed to hold an inquiry in respect of Erf [9……], [M…….] Township, Soweto, in terms of section 2 of the Conversion of Certain Rights into Leasehold or Ownership Act 81 of 1988, to determine the rightful claimant.