Setsoto Local Municipality v Moeletsane and Others (1227/2023) [2024] ZAFSHC 384 (29 November 2024)

Setsoto Local Municipality v Moeletsane and Others (1227/2023) [2024] ZAFSHC 384 (29 November 2024)

The application was dismissed because the applicant municipality failed to provide a council resolution authorising the institution of proceedings, rendering the application unauthorised. The municipal manager's affidavits relied almost entirely on hearsay evidence, which was inadmissible and not supported by any application for its admission. The deed of transfer in favour of the first respondent was lawfully registered, with no conditions attached, and the applicant could not demonstrate any defect in the real agreement underlying the transfer. The attempt to rely on a Rapid Release Program was factually unsupported, as the program did not exist at the time of transfer. The application...

Citation
[2024] ZAFSHC 384
Parties
Applicant: Setsoto Local Municipality; Respondent: Nkopane Michael Moeletsane; Respondent: Nthuseng Mohosho; Respondent: Department of Human Settlements (Free State Province); Respondent: The Registrar of Deeds
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
29 November 2024
Case Number
1227/2023
Procedural Posture
Urgent Application / Application for Postponement and Main Application for Cancellation of Deed of Transfer
Outcome
Application for postponement dismissed; main application dismissed with costs.
Judges
JP Daffue
Legal Topics
Deed of Transfer Cancellation, Municipal Authority, Hearsay Evidence, Resolution Requirement
Land and Property Civil Procedure Deed of Transfer Cancellation Municipal Authority Hearsay Evidence Resolution Requirement

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Parties

Setsoto Local Municipality

Applicant

Nkopane Michael Moeletsane

Respondent

Nthuseng Mohosho

Respondent

Department of Human Settlements (Free State Province)

Respondent

The Registrar of Deeds

Respondent

Procedural Posture

Urgent Application / Application for Postponement and Main Application for Cancellation of Deed of Transfer

Legal Issues

  1. 1 Whether the applicant municipality was properly authorised to institute proceedings for cancellation of the deed of transfer.
  2. 2 Whether the evidence presented by the applicant was admissible and sufficient to support the relief sought.
  3. 3 Whether the postponement application should be granted in the circumstances.

Ratio Decidendi

The application was dismissed because the applicant municipality failed to provide a council resolution authorising the institution of proceedings, rendering the application unauthorised. The municipal manager's affidavits relied almost entirely on hearsay evidence, which was inadmissible and not supported by any application for its admission. The deed of transfer in favour of the first respondent was lawfully registered, with no conditions attached, and the applicant could not demonstrate any defect in the real agreement underlying the transfer. The attempt to rely on a Rapid Release Program was factually unsupported, as the program did not exist at the time of transfer. The application...

Court Disposition

Application for postponement dismissed; main application dismissed with costs.

Orders

  • The application for postponement is dismissed.
  • The main application is dismissed with costs.