South Africa Case Law

Algoa Regional Council of the United Congregational Church of Southern Africa v Van Staden and Others (1149/2024)

Algoa Regional Council of the United Congregational Church of Southern Africa v Van Staden and Others (1149/2024) [2024] ZAECQBHC 45 (25 June 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

1149/2024

Judge

Cengani-Mbakaza

The court confirmed a rule nisi in a spoliation dispute over church premises, holding the regional council had possession and locus standi and that the lock change was unlawful.

• Mandament Van Spolie
• Church Property Dispute
• Urgent Interdict
• Locus Standi
• Forced Dispossession
• Mandament-van-spolie

Uniting Reformed Church of Southern Africa- Mabodisa Congregation v Sibanda and Others (M461/21)

Uniting Reformed Church of Southern Africa- Mabodisa Congregation v Sibanda and Others (M461/21) [2024] ZANWHC 38 (14 February 2024)

Court

North West High Court, Mafikeng

Case number

M461/21

Judge

A Reddy

The court granted a final interdict protecting a church’s property and services, finding the respondents had not lawfully established a separate congregation under the Church Order.

• Church Property Dispute
• Final Interdict
• Locus Standi
• Non Joinder
• Internal Remedies
• Compliance With Church Order

United Congregational Church of South Africa (Oudtshoorn) v Minister of the Department of Agriculture and Land Reform and Rural Development and Others (156/2022)

United Congregational Church of South Africa (Oudtshoorn) v Minister of the Department of Agriculture and Land Reform and Rural Development and Others (156/2022) [2023] ZAWCHC 256 (12 October 2023)

Court

Western Cape High Court, Cape Town

Case number

156/2022

Judge

Wille

The high court dismissed an application concerning church property, held the applicant had not shown entitlement to final relief, and allowed intervention by Matjesrivier Independente Kerk.

• Church Property Dispute
• Designation Of Property
• Privity Of Contract
• Administrative Action Review
• Church-property-dispute
• Leave-to-intervene

Endtime Christian Association (PE Tabernacle) v Boesak and Others (1530/2022)

Endtime Christian Association (PE Tabernacle) v Boesak and Others (1530/2022) [2023] ZAECQBHC 60 (3 October 2023)

Court

Eastern Cape High Court, Gqeberha

Case number

1530/2022

Judge

V P Noncembu

The court found that the applicant was in peaceful and undisturbed possession of the church premises when it was forcibly dispossessed by the respondents, satisfying the requirements for a mandament van spolie. The respondents' defence of counter-spoliation failed because their repossession occurred four days after the applicant's act of spoliation and was not instanter, thus constituting a new act of spoliation. The applicant's initial self-help in executing the court order was also unlawful, but this did not avail the respondents as a defence. The requirements for a final interdict were met…

Source excerpt

• Mandament Van Spolie
• Counter Spoliation
• Final Interdict
• Church Property Dispute

International Pentacostal Holiness Church (IPHC) v Minister of Police and Others (2021/14237)

International Pentacostal Holiness Church (IPHC) v Minister of Police and Others (2021/14237) [2023] ZAGPJHC 82 (3 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/14237

Judge

Moorcroft

The court found that the applicant, the International Pentacostal Holiness Church, was in undisturbed occupation of the church premises at Stand 6086 Lebotloane Village when its office-bearers and worshippers were forcibly removed and locked out by police on 6 October 2020. The applicant acted through its natural persons, who were dispossessed without due process. The court held that the applicant was entitled to a spoliation order restoring possession, as the deprivation was unprocedural and the applicant did not acquiesce in the dispossession. The court rejected the jurisdictional challenge…

Source excerpt

• Mandament Van Spolie
• Unlawful Eviction
• Jurisdiction Of High Court
• Church Property Dispute

Matiso and Others v Uniting Presbyterian Church In Southern Africa (CA 47/2018, 4481/2016)

Matiso and Others v Uniting Presbyterian Church In Southern Africa (CA 47/2018, 4481/2016) [2018] ZAECMHC 68 (4 December 2018)

Court

Eastern Cape High Court, Mthatha

Case number

CA 47/2018, 4481/2016

Judges

S M Mbenenge, J E Smith, N R Mtshabe

The court held that the respondent, Uniting Presbyterian Church in Southern Africa, had established locus standi as the registered owner of the disputed church property, evidenced by the title deed. The challenge to the authority of the deponent, Rev Nqakwana, was unfounded, as settled law requires only that the attorney launching proceedings be authorised, not the deponent. The appellants failed to challenge the attorney's authority under Rule 7(1) and provided no factual basis for disputing the deponent's authority. On the merits, the appellants' conduct—breaking locks and interfering with…

Source excerpt

• Final Interdict
• Locus Standi
• Authority Of Deponent
• Church Property Dispute

Conjwa and Others v United Methodist Church of Southern Africa (1263/2014)

Conjwa and Others v United Methodist Church of Southern Africa (1263/2014) [2018] ZAECGHC 112 (6 November 2018)

Court

Eastern Cape High Court, Grahamstown

Case number

1263/2014

Judge

M Roberson

The High Court condoned delay, granted rescission, and set aside a default judgment after finding the respondents’ locus standi challenge had some prospect of success.

• Rescission Of Judgment
• Condonation Of Delay
• Locus Standi
• Church Property Dispute
• Rescission-of-judgment
• Condonation-of-delay

Church of God and Saints of Christ and Another v Church of God and Saints of Christ - Stone of truth (Cradock/Bishop Seyibhokhwe Group) and Another (3977/17)

Church of God and Saints of Christ and Another v Church of God and Saints of Christ - Stone of truth (Cradock/Bishop Seyibhokhwe Group) and Another (3977/17) [2018] ZAECGHC 65 (7 August 2018)

Court

Eastern Cape High Court, Grahamstown

Case number

3977/17

Judge

Beneke

The High Court dismissed a church property application after finding that neither the church nor the bishop proved authority to litigate under the church constitution.

• Locus Standi
• Voluntary Association
• Church Property Dispute
• Locus-standi
• Voluntary-association
• Church-property-dispute

Christian Faith Gospel Church in Africa v Dlamini and Others (11837/2016)

Christian Faith Gospel Church in Africa v Dlamini and Others (11837/2016) [2017] ZAKZPHC 55 (7 December 2017)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

11837/2016

Judge

Gorven

The court found the evidence of the applicant's witnesses to be consistent and probable, establishing that the first and second respondents joined the applicant and that the right to occupy and build on the property was obtained on behalf of the applicant. The congregation at Embo was a branch of the applicant, and after the resignation of the first and second respondents, the applicant remained entitled to use the building. The court further found that the keys to the building were surrendered under threat by the sixth and seventh respondents that the building would be destroyed if the keys…

Source excerpt

• Spoliation
• Possessory Remedy
• Unlawful Deprivation
• Church Property Dispute
• Interdict
• Traditional Authorities

African National Church v Tsatsa and Others (2308/2016)

African National Church v Tsatsa and Others (2308/2016) [2017] ZAFSHC 108 (15 June 2017)

Court

Free State High Court, Bloemfontein

Case number

2308/2016

Judge

Rampai

The High Court refused contempt and interim interdict relief in a church dispute, but granted condonation and struck out hearsay-laden passages from the founding affidavit.

• Contempt Of Court
• Interim Interdict
• Hearsay Evidence
• Church Property Dispute
• Condonation
• Costs Order