Tlhapi v Bangane and Others (2018/21599) [2025] ZAGPJHC 22 (17 January 2025)

Tlhapi v Bangane and Others (2018/21599) [2025] ZAGPJHC 22 (17 January 2025)

The applicant failed to establish any valid right to the property, as her alleged cession from Mr Pule was ineffective because Mr Pule no longer held rights to the property at the time of the purported cession. The dispute was properly adjudicated under the Conversion of Certain Rights into Leasehold or Ownership Act 81 of 1988, with both the adjudicator and appeal panel finding in favour of the first respondent. The applicant did not appeal or review the tribunal's decision, and the transfer of the property to the first respondent was effected lawfully by the municipality. There is no evidence of invalidity in the real agreement or the transfer process. The first respondent's ownership...

Citation
[2025] ZAGPJHC 22
Parties
Applicant: Motlalepula Attalana Tlhapi; Respondent: Abel Patric Bangane; Respondent: Registrar of Deeds; Respondent: Tembisa Office of Housing; Respondent: Ekurhuleni Department of Housing
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
17 January 2025
Case Number
2018/21599
Procedural Posture
Review Application / Opposed Motion Before High Court
Outcome
Application dismissed with costs.
Judges
Marais
Legal Topics
Conversion of Rights Act 81 of 1988, Transfer of Immovable Property, Administrative Decision Review, Real Agreement, Ownership Dispute
Land and Property Administrative Law Conversion of Rights Act 81 of 1988 Transfer of Immovable Property Administrative Decision Review Real Agreement Ownership Dispute

Case Brief

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Parties

Motlalepula Attalana Tlhapi

Applicant

Abel Patric Bangane

Respondent

Registrar of Deeds

Respondent

Tembisa Office of Housing

Respondent

Ekurhuleni Department of Housing

Respondent

Procedural Posture

Review Application / Opposed Motion Before High Court

Legal Issues

  1. 1 Whether the transfer of the property to the first respondent was valid and lawful.
  2. 2 Whether the applicant had any rights to the property at the time of transfer.
  3. 3 Whether the administrative adjudication and appeal process under the Conversion of Certain Rights into Leasehold or Ownership Act 81 of 1988 was properly followed.

Ratio Decidendi

The applicant failed to establish any valid right to the property, as her alleged cession from Mr Pule was ineffective because Mr Pule no longer held rights to the property at the time of the purported cession. The dispute was properly adjudicated under the Conversion of Certain Rights into Leasehold or Ownership Act 81 of 1988, with both the adjudicator and appeal panel finding in favour of the first respondent. The applicant did not appeal or review the tribunal's decision, and the transfer of the property to the first respondent was effected lawfully by the municipality. There is no evidence of invalidity in the real agreement or the transfer process. The first respondent's ownership...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicant is ordered to pay the costs of this application on Scale 'B'.