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South Africa decisions
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Swiftnet Soc Limited and Another v Peete and Others (UM82/2022) [2024] ZANWHC 256 (15 October 2024)
The High Court set aside an ex parte interim interdict over telecom masts on communal land, finding the urgent application lacked urgency.
Nodangala and Others v Bradolf (Pty) Ltd and Others (1494/2020) [2022] ZAECMKHC 107 (13 December 2022)
The applicants sought rescission of an order confirming an interdict over Farm 315, Ngqeleni. The High Court dismissed the application with costs.
Mdeni Community Members – Ncise Administrative Area v Minister of Rural Development and Land Reform and Others (33/2022) [2022] ZAECMHC 1 (1 February 2022)
The court issued a rule nisi over disputed communal land but refused interim demolition and stop-building relief, finding the harm and service issues unproven.
PME Business Enterprise and Others v Block 17, GA-Seaphole concerned community residents (HCAA01/2016) [2021] ZALMPTHC 5 (8 July 2021)
The majority held that the appellants' extension of farming activities and fencing of fifty hectares of communal land was done without proper community consent, rendering the Permission to Occupy (PTO) invalid under IPILRA. The court found no basis to interfere with the first instance decision declaring the PTO null and void, ordering removal of the fence, and prohibiting further farming on the disputed land. Costs orders against the appellants for the main appeal, taxation review, Rule 7 and 15 applications, and the variation application were confirmed, as the appellants initiated or opposed…
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Bopape v Mashatole t/a Tswelopele CWJ Trading Enterprise Polish Shop and Another (HCA102/018) [2019] ZALMPPHC 49 (15 November 2019)
High Court appeal over arrear rental on communal land failed because the plaintiff proved neither a lease with the defendants nor a transfer of rights from the prior lessor.
Matlala and Others v Platinum Group Metals (RSA) (Pty) Ltd and Another (60/2018) [2018] ZALMPPHC 30 (12 July 2018)
The court found that the second and third applicants lacked authority to bring the proceedings, as they were not properly recognised under the Limpopo Traditional Leadership and Institutions Act. The first applicant, although a traditional leader, failed to establish any clear right or authority over the Early Dawn Farm, which is a communal private property held for the benefit of the descendants of the original purchasers, not the Bakone Tribe as a whole. The applicants did not satisfy the requirements for a final interdict, as their rights and authority over the farm are disputed and subjec…
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University of Venda v Mathivha and Others (684/2012) [2015] ZALMPTHC 6 (3 September 2015)
The applicant established a substantive right to the land in question through donation and occupation, even though transfer had not yet been registered. The respondent's occupation and development of the land infringed the applicant's established right, and no permission was given to the respondent by the traditional authorities in terms of applicable legislation. The traditional authorities lacked statutory recognition and authority to allocate the land under the relevant legislative framework, and no expert evidence was provided to establish the customary law basis for the respondent's occu…
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Sibuyi v Nkambeni Tribal Authority and Others (29987/2011) [2013] ZAGPPHC 321 (1 November 2013)
The High Court granted spoliation-style relief restoring the applicant’s possession of land, rejecting objections based on locus standi and unsupported disputes of fact.
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