Red Dunes of Africa v Masingita Property Investment Holdings (159/2014) [2015] ZASCA 99 (1 June 2015)

Red Dunes of Africa v Masingita Property Investment Holdings (159/2014) [2015] ZASCA 99 (1 June 2015)

Red Dunes of Africa CC failed to prove that it had a prior right to develop any part of the mall property. The sale agreement relied upon by Red Dunes contained suspensive conditions, none of which were fulfilled or waived, and thus did not confer any enforceable rights. The purported transfer of the Permission to Occupy (PTO) was not effected in accordance with the applicable regulations, and the necessary customary law procedures were not followed. Survey evidence demonstrated that Red Dunes' construction encroached on the mall property. Masingita Property Investment Holdings (Pty) Ltd established a clear right to develop the mall property, and Red Dunes' actions constituted an unlawful...

Citation
[2015] ZASCA 99
Parties
Appellant: Red Dunes of Africa CC; Respondent: Masingita Property Investment Holdings (Pty) Ltd; Respondent: Zebediela Ndebele Tribal Council; Respondent: The Minister, Rural Development and Land Reform; Respondent: MEC Limpopo Provincial Department of Economic Development, Environment and Tourism; Respondent: Lepelle-Nkumpi Local Municipality; Respondent: Masingita Vlaming Construction (Pty) Ltd; Respondent: Monica Leolo
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
1 June 2015
Case Number
159/2014
Procedural Posture
Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria
Outcome
Appeal dismissed with costs, including those occasioned by the employment of two counsel where applicable.
Judges
Ponnan, Shongwe, Pillay, Fourie, Gorven
Legal Topics
Permission to Occupy, Suspensive Conditions, Interdict, Customary Law Land Rights, Transfer of Land Rights
Land and Property Civil Procedure Permission to Occupy Suspensive Conditions Interdict Customary Law Land Rights Transfer of Land Rights

Case Brief

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Parties

Red Dunes of Africa CC

Appellant

Masingita Property Investment Holdings (Pty) Ltd

Respondent

Zebediela Ndebele Tribal Council

Respondent

The Minister, Rural Development and Land Reform

Respondent

MEC Limpopo Provincial Department of Economic Development, Environment and Tourism

Respondent

Lepelle-Nkumpi Local Municipality

Respondent

Masingita Vlaming Construction (Pty) Ltd

Respondent

Monica Leolo

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria

Legal Issues

  1. 1 Whether Red Dunes of Africa CC had a prior right to develop the café property within the mall property.
  2. 2 Whether Masingita Property Investment Holdings (Pty) Ltd proved a clear right to develop the mall property.
  3. 3 Whether Red Dunes' construction encroached on the mall property.

Ratio Decidendi

Red Dunes of Africa CC failed to prove that it had a prior right to develop any part of the mall property. The sale agreement relied upon by Red Dunes contained suspensive conditions, none of which were fulfilled or waived, and thus did not confer any enforceable rights. The purported transfer of the Permission to Occupy (PTO) was not effected in accordance with the applicable regulations, and the necessary customary law procedures were not followed. Survey evidence demonstrated that Red Dunes' construction encroached on the mall property. Masingita Property Investment Holdings (Pty) Ltd established a clear right to develop the mall property, and Red Dunes' actions constituted an unlawful...

Court Disposition

Appeal dismissed with costs, including those occasioned by the employment of two counsel where applicable.

Orders

  • The appeal is dismissed with costs, including those occasioned by the employment of two counsel where applicable.