South Africa Case Law

Mpheleng Communal Property Association v Kgoshigadi Mathebe of Bantwane Traditional Community and Others (LCC03/2021B)

Mpheleng Communal Property Association v Kgoshigadi Mathebe of Bantwane Traditional Community and Others (LCC03/2021B) [2025] ZALCC 24 (3 June 2025)

Court

Land Claims Court

Case number

LCC03/2021B

Judge

WJ du Plessis

The court found that not all respondents were bound by the original court order, as some were not cited parties. The Bantwana Traditional Council, as a collective entity, cannot be held in contempt without identifying a specific individual responsible for wilful disobedience. The process of registering the PTO in Mr Aphane's name, following a sale, constituted a fresh allocation of land rights and fell within the scope of the interdict. However, the respondents did not act mala fide, as they genuinely believed their conduct was lawful and outside the ambit of the order. The meaning of 'alloca…

Source excerpt

• Contempt Of Court
• Communal Land Tenure
• Allocation Of Land Rights
• Permission To Occupy
• Interdict
• Customary Law Authority

L.G v Ndzekeni and Others (1832/2025)

L.G v Ndzekeni and Others (1832/2025) [2025] ZAECMHC 55 (15 May 2025)

Court

Eastern Cape High Court, Mthatha

Case number

1832/2025

Judge

M W Nobatana

The High Court dismissed an urgent interdict over disputed Mthatha land, finding the urgency self-created and the relief duplicative of an earlier order.

• Urgent Interdict
• Allocation Of Land Rights
• Self Created Urgency
• Abuse Of Process
• Urgent-interdict
• Self-created-urgency

Moropene and Others v Ga-seaphole Community Develeopment Committee and Others (5110/2019)

Moropene and Others v Ga-seaphole Community Develeopment Committee and Others (5110/2019) [2021] ZALMPPHC 53 (26 August 2021)

Court

Limpopo High Court, Polokwane

Case number

5110/2019

Judge

M V Semenya

The High Court granted a final interdict protecting Ga-Seaphole traditional leaders from interference, unlawful stand allocation, and an invalid suspension.

• Traditional Leadership
• Allocation Of Land Rights
• Interdict
• Customary Law Powers
• Community Development Committee
• Removal Of Traditional Leader

Khuis Communal Property Association v Gaotsenwe (77/2011)

Khuis Communal Property Association v Gaotsenwe (77/2011) [2011] ZANCHC 26 (9 September 2011)

Court

Northern Cape High Court, Kimberley

Case number

77/2011

Judge

C J Olivier

The court upheld an interdict enforcing a communal property committee’s land allocation, ordering removal of livestock from the Garona Camp and costs against the respondent.

• Communal Property Associations Act
• Allocation Of Land Rights
• Interdict
• Committee Powers
• Removal Of Livestock
• Communal-property-associations