South Africa Case Law

T.R v S.M (035901/2023)

T.R v S.M (035901/2023) [2024] ZAGPJHC 150 (21 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

035901/2023

Judge

Mahomed

The court found that the applicant failed to demonstrate any reasonable prospects of success on appeal. The issues regarding relocation had become moot as the respondent was no longer relocating, and the minor child would remain in her current location. The applicant did not provide substantive reasons or evidence why relocation was not in the child's best interests, nor did he obtain a family advocate's report. The court held that there were no genuine disputes of fact requiring referral to trial and that the applicant's access rights were adequately considered and provided for in the judgme…

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• Leave To Appeal
• Punitive Costs Order
• Best Interests Of Child
• Relocation Of Minor
• Maintenance
• Access Rights

V.M.S v A.S (12496/2019)

V.M.S v A.S (12496/2019) [2021] ZAGPJHC 7 (8 February 2021)

Court

South Gauteng High Court, Johannesburg

Case number

12496/2019

Judge

Gilbert AJ

The court rejected a contempt application over a short maintenance payment during Covid-19, but granted declaratory relief enforcing the father's access rights.

• Maintenance Obligations
• Contempt Of Court
• Access Rights
• Variation Of Court Order
• Costs Award
• Covid 19 Regulations

Schoeman v Stapelberg (2070/2020)

Schoeman v Stapelberg (2070/2020) [2021] ZAMPMBHC 69 (27 January 2021)

Court

Mbombela High Court, Mpumalanga

Case number

2070/2020

Judge

Greyling-Coetzer

The court found that the applicant was in peaceful and undisturbed possession of water Furrow 'A', boreholes, pipelines, and access roads, and that the respondent's conduct in filling in Furrow 'A', damaging pipelines, and denying access constituted unlawful deprivation. The respondent's denial was not sufficiently detailed or credible to raise a genuine dispute of fact. The mandament van spolie was granted in respect of Furrow 'A' and the boreholes and pipelines, as actual deprivation occurred. For Furrow 'B' and the access roads, only threats of deprivation were established, not actual inte…

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• Mandament Van Spolie
• Interdictory Relief
• Servitude Rights
• Acquisitive Prescription
• Access Rights
• Water Use Rights

Khumalo v Len Smith Investment Holdings CC (LCC175/2016)

Khumalo v Len Smith Investment Holdings CC (LCC175/2016) [2020] ZALCC 28 (3 March 2020)

Court

Land Claims Court

Case number

LCC175/2016

Judge

M P Canca

The Land Claims Court granted a spoliation order restoring the applicant’s access route to his homestead after gates were locked without reasonable notice.

• Spoliation
• Mandament Van Spolie
• Precarium
• Extension Of Security Of Tenure Act
• Access Rights
• Reasonable Notice

Lessing v Serengeti Golf and Wildlife Estate (28609/2016)

Lessing v Serengeti Golf and Wildlife Estate (28609/2016) [2017] ZAGPJHC 260 (13 September 2017)

Court

South Gauteng High Court, Johannesburg

Case number

28609/2016

Judge

L T Modiba

The application for leave to appeal is dismissed because the dispute between the parties has been resolved and the applicant's status quo ante restored, rendering the appeal moot. The judgment does not conflict with the authorities cited by the respondent, as those cases dealt with contractual rights rather than property rights. The facts of the present matter relate to the exercise of property rights, and the extension of the ratio in the cited authorities is not appropriate in this case. There is no reason for the appeal to be heard under section 17(1)(a)(ii) of the Superior Courts Act.

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• Interdict
• Access Rights
• Possession
• Leave To Appeal
• Costs Order

Lessing v Serengeti Golf and Wildlife Estate (28609/2016)

Lessing v Serengeti Golf and Wildlife Estate (28609/2016) [2017] ZAGPJHC 261 (13 September 2017)

Court

South Gauteng High Court, Johannesburg

Case number

28609/2016

Judge

L T Modiba

The High Court held that restricting estate access cards without proper authority amounted to spoliation and ordered restoration of access and amenities.

• Mandament Van Spolie
• Access Rights
• Estate Rules
• Unlawful Dispossession
• Mandament-van-spolie
• Estate-access

City of Cape Town v The Body Corporate of the Harbour's Edge Sectional Title Development (13234/12)

City of Cape Town v The Body Corporate of the Harbour's Edge Sectional Title Development (13234/12) [2013] ZAWCHC 137 (18 September 2013)

Court

Western Cape High Court, Cape Town

Case number

13234/12

Judge

N P Boqwana

The court found that the wording of clause 3 of the notarial deed of servitude is clear and requires that underground parking be made available to the general public at market-related rates. The respondent's system, which requires a deposit and monthly rental for a parking disc, restricts access to only those willing to make a monthly commitment, thereby excluding the majority of the general public. The court held that 'general public' refers to anyone wishing to use the parking facilities, not just regular users of the scheme. The respondent's conduct increases the burden on the servient ten…

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• Servitude Interpretation
• Access Rights
• Sectional Title Scheme
• Final Interdict

M.S v N.W.B (46820/201)

M.S v N.W.B (46820/201) [2013] ZAGPPHC 251 (16 August 2013)

Court

North Gauteng High Court, Pretoria

Case number

46820/201

Judge

E M Kubushi

The court allowed a mother to temporarily relocate to the UK with her child, granted her sole custody, and preserved the father’s access rights.

• Custody Variation
• Removal Of Minor From Jurisdiction
• Best Interests Of Child
• Access Rights
• Child-custody
• Child-relocation

Hlatshwayo v Wingfield and Others (LCC125/2011)

Hlatshwayo v Wingfield and Others (LCC125/2011) [2012] ZALCC 19 (19 October 2012)

Court

Land Claims Court

Case number

LCC125/2011

Judge

Sardiwalla

The applicant established that his right of access to his home from the main road was impeded by the respondents, who failed to provide a key and constructed a fence, resulting in his family being locked out. The respondents' version was contradictory regarding available access routes, and their denial of impeding access was not supported by the inspection in loco or their own correspondence. The applicant satisfied the requirements for a final interdict under the Plascon-Evans rule, as no genuine dispute of fact was raised. The application to amend the interim order to confirm labour tenancy…

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• Labour Tenancy
• Interdict
• Access Rights
• Abuse Of Process
• Striking Out Scandalous Matter

Zeeman v De Wet NO and Others (325/2011)

Zeeman v De Wet NO and Others (325/2011) [2012] ZASCA 22; 2012 (6) SA 1 (SCA) (23 March 2012)

Court

Supreme Court of Appeal

Case number

325/2011

Judges

Brand, Heher, Snyders, Malan, Plasket

The Supreme Court of Appeal held that the servitude agreement and notarial deed did not constitute a novation of the original servitude but rather a modification of its route and the manner of water conveyance. The agreement expressly transferred all maintenance and repair obligations for the servitude works to the Trust, fundamentally altering the appellant's ancillary rights. While the notarial deed preserved a 'reasonable right of access' for the appellant, the court found that this right must be interpreted in light of the changed circumstances and the Trust's assumption of maintenance du…

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• Servitude Of Water Leading
• Access Rights
• Contractual Modification Of Servitude
• Maintenance Obligations
• Interpretation Of Servitude Agreements