Zondo and Others v City of Johannesburg Metropolitan Municipality and Others (2016/13293) [2020] ZAGPJHC 100 (7 April 2020)

Zondo and Others v City of Johannesburg Metropolitan Municipality and Others (2016/13293) [2020] ZAGPJHC 100 (7 April 2020)

The court found that the alleged agreement between the applicants and the City for the transfer of residential units constituted an alienation of land and was subject to the formalities prescribed by the Alienation of Land Act. As the agreement was not reduced to writing, it was of no force or effect and could not be enforced. Even if such an agreement existed, the applicants' claims for transfer of the units prescribed three years after the cause of action arose, in terms of the Prescription Act. The applicants were not parties to the LEDA and derived no rights from it. Accordingly, the applicants failed to make out a case for the relief sought.

Citation
[2020] ZAGPJHC 100
Parties
Applicant: Cebolakhe Zondo and 299 Others; Respondent: City of Johannesburg Metropolitan Municipality; Respondent: Johannesburg Social Housing (Pty) Limited; Respondent: Diluculo (Pty) Limited; Respondent: Pennyville Housing (Pty) Limited; Respondent: Erf 238 Stormill X9 (Pty) Limited; Respondent: Registrar: Deeds Registry Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 April 2020
Case Number
2016/13293
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
L T Modiba
Legal Topics
Alienation of Land Act, Prescription Act, Transfer of Immovable Property, Formalities of Contract, Social Housing Rights
Land and Property Civil Procedure Alienation of Land Act Prescription Act Transfer of Immovable Property Formalities of Contract Social Housing Rights

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Parties

Cebolakhe Zondo and 299 Others

Applicant

City of Johannesburg Metropolitan Municipality

Respondent

Johannesburg Social Housing (Pty) Limited

Respondent

Diluculo (Pty) Limited

Respondent

Pennyville Housing (Pty) Limited

Respondent

Erf 238 Stormill X9 (Pty) Limited

Respondent

Registrar: Deeds Registry Johannesburg

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the agreement between the City and Diluculo for the sale of the property was unlawful and void ab initio.
  2. 2 Whether the applicants have a right to transfer of the residential units they occupy.
  3. 3 Whether the applicants' claims have prescribed under the Prescription Act.

Ratio Decidendi

The court found that the alleged agreement between the applicants and the City for the transfer of residential units constituted an alienation of land and was subject to the formalities prescribed by the Alienation of Land Act. As the agreement was not reduced to writing, it was of no force or effect and could not be enforced. Even if such an agreement existed, the applicants' claims for transfer of the units prescribed three years after the cause of action arose, in terms of the Prescription Act. The applicants were not parties to the LEDA and derived no rights from it. Accordingly, the applicants failed to make out a case for the relief sought.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.