South Africa Case Law

Molata v Lakaje and Others (25181/2014)

Molata v Lakaje and Others (25181/2014) [2016] ZAGPJHC 116 (26 May 2016)

Court

South Gauteng High Court, Johannesburg

Case number

25181/2014

Judge

T.V. Ratshibvumo

The court found that the title deed for the property was erroneously issued to the First Respondent and her late husband, who were not permit holders. The Director-General's powers do not extend to cancelling a title deed; only a court may do so. The applicant, as the son of the original permit holder, has a legitimate claim to have the title deed cancelled and an inquiry held to determine the rightful claimant. The First Respondent did not assert any entitlement to ownership and failed to provide evidence to challenge the applicant's claim. The only factual dispute—residence at the property—…

Source excerpt

• Title Deed Cancellation
• Conversion Of Rights Act
• Permit Holder Entitlement
• Administrative Inquiry
• Perjury In Affidavit

Kuzwayo v Representative of the Executor in the Estate of the Late Masilela (28/2010)

Kuzwayo v Representative of the Executor in the Estate of the Late Masilela (28/2010) [2010] ZASCA 167; [2011] 2 All SA 599 (SCA) (1 December 2010)

Court

Supreme Court of Appeal

Case number

28/2010

Judges

Lewis, Van Heerden, Maya, Shongwe, K Pillay

The SCA dismissed an appeal over mistaken transfer of a site permit property, ordered cancellation of the deed to the wrong transferee, and directed an inquiry under the Conversion Act.

• Conversion Of Rights Into Ownership
• Rectification Of Deeds Registry
• Site Permit Entitlement
• Administrative Inquiry
• Locus Standi
• Review Of Administrative Action