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South Africa decisions
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Ngwasheng v Kgomo and Others (4419/2019) [2021] ZALMPPHC 52 (24 August 2021)
The High Court granted declaratory relief over disputed rural land use, finding the respondent’s PTO invalid, the allocation unlawful, and awarding costs to the applicant.
Misabeni Khosa and Associates v Chuma and Others (4059/2016) [2017] ZALMPPHC 2 (2 March 2017)
The High Court dismissed an urgent land interdict application, finding no clear right, poor proof of title, and no proper basis for urgency.
Mathale v Linda and Another (A507/2013) [2014] ZAGPPHC 779 (2 October 2014)
High Court appeal against a magistrate’s section 78 eviction enforcement order was dismissed because the appellant failed to show appealability or irreparable harm.
Neels and Others v Burgemeester (Opvolger in Titel van die Mier Plaaslike Oorgangsraad) and Others (518/2001, 580/2001) [2002] ZANCHC 33 (11 November 2002)
The court found overwhelming evidence that the First Respondent failed to apply its mind to the prescribed criteria when allocating grazing land, acted with bias and ulterior motives, and did not properly consider the merits of each application. The council's decision-making process was fundamentally flawed, with no meaningful discussion or evaluation of applications, and the successful applicants were less suitable than the applicants. The court held that remittal to the administrative body would be futile given the demonstrated bias and continuity of personnel. Exceptional circumstances jus…
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