Nel and Another v Slabbert and Others (2021/26561) [2023] ZAGPJHC 312 (11 April 2023)

Nel and Another v Slabbert and Others (2021/26561) [2023] ZAGPJHC 312 (11 April 2023)

The court found that the applicants remained the lawful owners of the property, as transfer and registration to the first respondent never occurred. The sale agreement between the applicants and the first respondent was void ab initio due to non-compliance with section 3(e)(i) of the Subdivision of Agricultural Land Act, which requires Ministerial consent for the sale of agricultural land. Consequently, the first respondent could not transfer ownership to the second respondent, and any subsequent sale agreement was also void. The respondents had no lawful right to occupy the property, and the applicants were entitled to an ejectment order. The court held that arguments regarding delays in...

Citation
[2023] ZAGPJHC 312
Parties
Applicant: Charl Nel; Applicant: Nicolette Louise Nel; Respondent: Marius Marnus Slabbert; Respondent: The Unlawful Occupiers of the Property situate at 98 Grant Street, Lilyvale A.H. Benoni, Gauteng; Respondent: Ekurhuleni Metropolitan Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
11 April 2023
Case Number
2021/26561
Procedural Posture
Land and Property Ejectment / First Instance Judgment
Outcome
Application granted. Respondents and all occupiers ordered to vacate the property within 30 days. Each party to pay its own costs.
Judges
Tlhotlhalemaje
Legal Topics
Ejectment, Invalid Sale of Agricultural Land, Subdivision of Agricultural Land Act, Abstract Theory of Transfer, Rei Vindicatio
Land and Property Civil Procedure Ejectment Invalid Sale of Agricultural Land Subdivision of Agricultural Land Act Abstract Theory of Transfer Rei Vindicatio

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Parties

Charl Nel

Applicant

Nicolette Louise Nel

Applicant

Marius Marnus Slabbert

Respondent

The Unlawful Occupiers of the Property situate at 98 Grant Street, Lilyvale A.H. Benoni, Gauteng

Respondent

Ekurhuleni Metropolitan Municipality

Respondent

Procedural Posture

Land and Property Ejectment / First Instance Judgment

Legal Issues

  1. 1 Whether the sale agreement between the applicants and the first respondent is valid and enforceable.
  2. 2 Whether the respondents have any lawful right to occupy the property.
  3. 3 Whether the applicants are entitled to an ejectment order against the respondents.

Ratio Decidendi

The court found that the applicants remained the lawful owners of the property, as transfer and registration to the first respondent never occurred. The sale agreement between the applicants and the first respondent was void ab initio due to non-compliance with section 3(e)(i) of the Subdivision of Agricultural Land Act, which requires Ministerial consent for the sale of agricultural land. Consequently, the first respondent could not transfer ownership to the second respondent, and any subsequent sale agreement was also void. The respondents had no lawful right to occupy the property, and the applicants were entitled to an ejectment order. The court held that arguments regarding delays in...

Court Disposition

Application granted. Respondents and all occupiers ordered to vacate the property within 30 days. Each party to pay its own costs.

Orders

  • The late filing of the Second Respondent’s answering affidavit is condoned.
  • The Respondents and all parties occupying the property known as 98 Grant Street, Lilyvale A.H. Benoni, Gauteng, are to be evicted within 30 days from the date of this order.