South Africa Case Law

N Wandlamhari Communal Property Association and Another v Mathebula and Others (LanC89/2019B)

N Wandlamhari Communal Property Association and Another v Mathebula and Others (LanC89/2019B) [2025] ZALCC 30 (18 July 2025)

Court

Land Claims Court

Case number

LanC 89/2019B

Judge

Bishop

The Land Court interdicted an urgently called NCPA AGM, finding it was not convened in compliance with clause 15.1.3 of the association constitution.

• Communal Property Association Governance
• Annual General Meeting Procedure
• Interdictory Relief
• Constitutional Compliance
• Beneficiary Verification
• Standing And Authority

Nwandlamhari Communal Property Association v Matebula and Others (A265/2020)

Nwandlamhari Communal Property Association v Matebula and Others (A265/2020) [2024] ZAGPPHC 588 (28 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

A265/2020

Judges

Kubushi, Kooverjie, Mooki

The High Court upheld an appeal by a communal property association, setting aside vague and unsupported orders about documents, funds, and the Director-General’s directions.

• Communal Property Association Act
• Court Order Enforceability
• Beneficiary Verification
• Maladministration
• Director General Powers
• Communal-property-association-act

Mkutuka and Another v Minister of Land Affairs and Others (LCC 28/2020)

Mkutuka and Another v Minister of Land Affairs and Others (LCC 28/2020) [2024] ZALCC 12 (3 April 2024)

Court

Land Claims Court

Case number

LCC 28/2020

Judge

SJ Cowen

The Land Claims Court refused to remove a matter from the roll, found no proper basis for postponement, and indicated a possible dismissal with costs.

• Removal From Roll
• Representation Dispute
• Costs Order
• Beneficiary Verification
• Compensation Dispute
• Removal-from-roll

Dladla N.O and Others v Lamula N.O and Others (27440/21)

Dladla N.O and Others v Lamula N.O and Others (27440/21) [2022] ZAGPPHC 868 (18 November 2022)

Court

North Gauteng High Court, Pretoria

Case number

27440/21

Judge

Kooverjie

The High Court removed all trustees of a land restitution trust for maladministration and appointed Petrus Zeelie as sole trustee for 12 months.

• Trust Property Control Act
• Removal Of Trustees
• Fiduciary Duties
• Land Restitution
• Beneficiary Verification
• Maladministration

Maja and Others v Trustees for the time being of Reboile Trust and Others (7805/2020)

Maja and Others v Trustees for the time being of Reboile Trust and Others (7805/2020) [2022] ZALMPPHC 29 (10 June 2022)

Court

Limpopo High Court, Polokwane

Case number

7805/2020

Judge

E M Makgoba

The High Court dismissed an application to remove and replace Reboile Trust trustees, finding the applicants were not validly appointed and lacked locus standi.

• Trustee Removal
• Trust Deed Interpretation
• Locus Standi
• Letters Of Authority
• Beneficiary Verification
• Trustee-removal

Zeelie v Unknown Trespassers of Farm Impala Boerdery 231, JU, Mpumalanga (3359/2020)

Zeelie v Unknown Trespassers of Farm Impala Boerdery 231, JU, Mpumalanga (3359/2020) [2022] ZAMPMBHC 11 (9 March 2022)

Court

Mbombela High Court, Mpumalanga

Case number

3359/2020

Judge

B A Mashile

The court found that the Trust, as owner of the property, has a clear right to protect its ownership and interests. The respondents' allocation and development of land on the property, without verified beneficiaries and in contravention of both the trust deed and the court order of 12 December 2008, constitutes unlawful conduct. The argument that interdicts cannot be granted against unidentified persons was rejected, as the group of unknown trespassers is ascertainable and their conduct is distinct. The respondents failed to utilize procedural remedies to challenge the ex parte and urgent nat…

Source excerpt

• Interdict
• Trust Property Management
• Unlawful Occupation
• Beneficiary Verification
• Urgent Relief

Makgoba and Others v Ledwaba NO and Others (054/2018)

Makgoba and Others v Ledwaba NO and Others (054/2018) [2018] ZASCA 181 (4 December 2018)

Court

Supreme Court of Appeal

Case number

054/2018

Judges

Seriti, Wallis, Swain, Mocumie, Rogers

The Supreme Court of Appeal held that the trustees’ term had expired and ordered a new trustees’ meeting, with 603 listed beneficiaries entitled to vote.

• Trustees Removal
• Trust Deed Interpretation
• Beneficiary Verification
• Fiduciary Duties
• Restitution Of Land Rights
• Court Powers Under Trust Property Control Act