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South Africa Case Law

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Land And Property [2021] ZAGPJHC 773

Ozoh v Dladla and Others (19/31789)

Ozoh v Dladla and Others (19/31789) [2021] ZAGPJHC 773 (11 August 2021)

Court
South Gauteng High Court, Johannesburg
Case number
19/31789
Judge
Majavu

The applicant's mother held a regulation 7 permit, which was lawfully terminated by the Municipality in 1981. Thereafter, the property was allocated to the first respondent, who purchased it under the 99-year leasehold scheme and was later issued a full title deed in accordance with statutory provisions. At the time of her death, the applicant's mother had no legal right or interest in the property, and it did not form part of her estate. The applicant's claim is therefore without merit, as she cannot assert rights over property her mother did not own or have a legal interest in. The process…

Source excerpt

  • Cancellation Of Title Deed
  • Conversion Of Land Tenure Rights
  • Regulation 7 Permit
  • Upgrading Of Land Tenure Rights Act
  • Black Communities Development Act
  • Housing Act
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Land And Property [2016] ZAGPPHC 499

Maleka and Another v Ika and Others (69567.2012)

Maleka and Another v Ika and Others (69567.2012) [2016] ZAGPPHC 499 (27 May 2016)

Court
North Gauteng High Court, Pretoria
Case number
69567/2012
Judge
Kooverjie

The court found that the applicants are the registered owners of the property and, in the absence of concrete evidence of irregularity in the registration process or lack of municipal consent, their ownership stands. The respondents, although occupying the property for many years, do not have a greater legal right than the registered owners. The arrangement with Khaya Home Loans was temporary and does not confer statutory or tribal rights qualifying as land tenure rights. The PIE Act and the Constitution require the court to balance the proprietary rights of the owners against the basic human…

Source excerpt

  • Prevention Of Illegal Eviction Act
  • Locus Standi
  • Deeds Registries Act
  • Black Communities Development Act
  • Land Tenure Rights
  • Section 26 Constitution
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Land And Property [1988] ZASCA 8

Radebe v Eastern Transvaal Development Board; Mthethwa v Eastern Transvaal Development Board; Jele v Eastern Transvaal Development Board (431/86,429/86,430/86)

Radebe v Eastern Transvaal Development Board; Mthethwa v Eastern Transvaal Development Board; Jele v Eastern Transvaal Development Board (431/86,429/86,430/86) [1988] ZASCA 8; [1988] 2 All SA 271 (A) (11 March 1988)

Court
Supreme Court of Appeal
Case number
431/86,429/86,430/86
Judges
Corbett, Hefer, Nestadt, Nicholas, Kumleben

The Supreme Court of Appeal held that the appellants failed to allege or prove any facts establishing a right to remain in occupation under the regulations governing Black residential areas. Their answering affidavits contained only legal conclusions, not the necessary factual averments. The regulations do not abolish the owner's common law right to vindicate possession; rather, the statutory procedures for eviction are cumulative and do not replace the rei vindicatio. Regulation 15(4)(b) confers a right on the superintendent to apply for eviction, but does not preclude the owner from exercis…

Source excerpt

  • Rei Vindicatio
  • Statutory Eviction Procedure
  • Black Communities Development Act
  • Regulations On Black Residential Areas
  • Pleading Requirements
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.