Ndaba v Thonga and Others (18674/2019)
Ndaba v Thonga and Others (18674/2019) [2020] ZAGPJHC 404 (23 November 2020)
The court found that the transfer of the property at Erf 2039 Jabulani Township to the first respondent was invalid because it was effected without a proper inquiry as required by section 2 of Act 81 of 1988. The process of conversion to ownership under the Upgrading of Land Tenure Rights Act 112 of 1991 is automatic and does not constitute administrative action, thus a review is not required. However, the failure to conduct an inquiry involving all listed occupants deprived interested parties, including the applicant, of their rights. The applicant was a direct beneficiary and occupant at th…
Source excerpt
- Conversion Of Rights Act 81 1988
- Upgrading Of Land Tenure Rights Act 112 1991
- Section 2 Inquiry
- Automatic Conversion
- Locus Standi