Molokomme and Another v Premier of the North-West Province and Others (1/2000) [2000] ZANWHC 8 (5 June 2000)

Molokomme and Another v Premier of the North-West Province and Others (1/2000) [2000] ZANWHC 8 (5 June 2000)

The applicants contravened the relevant regulations by subletting the property and failing to pay rental and municipal charges for an extended period, which entitled the third respondent to act against them. However, the third respondent did not cancel the certificate of occupation as provided for in the regulations but instead imposed an interdict preventing the applicants from acquiring ownership. The court found no regulatory or statutory basis for the third respondent to impose such an interdict. The proper course would have been cancellation of the certificate of occupation. Furthermore, the repeal of chapter 2 of the Proclamation was not argued as a basis for the application, and...

Citation
[2000] ZANWHC 8
Parties
Applicant: Emanuel John Thabo Molokomme; Applicant: Regina Gaolatlhe Molokomme; Respondent: Premier of North West Province; Respondent: Ernest Seonyatseng Kgasoe; Respondent: Ga-Rankuwa Town Council
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
5 June 2000
Case Number
1/2000
Procedural Posture
Review Application / Judgment
Outcome
Application partially granted. The Deputy Director General is directed to consider the applicants' application for ownership and the interdict is uplifted. No order as to costs.
Judges
Mogoeng
Legal Topics
Certificate of Occupation, Municipal Interdict, Contravention of Regulations, Preferential Right to Purchase, Local Government Powers
Land and Property Administrative Law Certificate of Occupation Municipal Interdict Contravention of Regulations Preferential Right to Purchase Local Government Powers

Case Brief

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Parties

Emanuel John Thabo Molokomme

Applicant

Regina Gaolatlhe Molokomme

Applicant

Premier of North West Province

Respondent

Ernest Seonyatseng Kgasoe

Respondent

Ga-Rankuwa Town Council

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicants are entitled to a preferential right to purchase and register ownership of house number 2281, Ga-Rankuwa 8.
  2. 2 Whether the third respondent lawfully barred the applicants from acquiring ownership by imposing an interdict.
  3. 3 Whether the applicants' contravention of occupation regulations justified the third respondent's actions.

Ratio Decidendi

The applicants contravened the relevant regulations by subletting the property and failing to pay rental and municipal charges for an extended period, which entitled the third respondent to act against them. However, the third respondent did not cancel the certificate of occupation as provided for in the regulations but instead imposed an interdict preventing the applicants from acquiring ownership. The court found no regulatory or statutory basis for the third respondent to impose such an interdict. The proper course would have been cancellation of the certificate of occupation. Furthermore, the repeal of chapter 2 of the Proclamation was not argued as a basis for the application, and...

Court Disposition

Application partially granted. The Deputy Director General is directed to consider the applicants' application for ownership and the interdict is uplifted. No order as to costs.

Orders

  • The Deputy Director General for the Department of Local Government, Housing, Planning and Development is directed to consider the applicants' application for ownership of house number 2281, Ga-Rankuwa 8, JQ.
  • The interdict imposed by the third respondent against the applicants on the aforementioned house is uplifted.