South Africa Case Law

N Wandlamhari Communal Property Association and Another v Mathebula and Others (LCC89/2019)

N Wandlamhari Communal Property Association and Another v Mathebula and Others (LCC89/2019) [2025] ZALCC 3 (16 January 2025)

Court

Land Claims Court

Case number

LCC 89/2019

Judges

SJ Cowen, B Padayachi

The Land Claims Court granted leave to appeal on the merits of an authorisation dispute in a communal property association but refused leave on the audi complaint.

• Communal Property Association
• Authorisation Of Litigation
• Membership Dispute
• Leave To Appeal
• Audi Alteram Partem
• Interpretation Of Constitution

N'wandlamhari Communal Property Association and Another v Mathebula and Others (LCC 89/2019)

N'wandlamhari Communal Property Association and Another v Mathebula and Others (LCC 89/2019) [2023] ZALCC 27 (10 August 2023)

Court

Land Claims Court

Case number

LCC 89/2019

Judges

S Cowen, B Padayachi

The Land Claims Court held that the NCPA had not validly authorised litigation because the 9 March 2019 meeting was not properly constituted.

• Communal Property Association
• Locus Standi
• Resolution Authorising Action
• Conflict Of Interest
• Constitution Interpretation
• Restitution Of Land Rights

Wellen v Bucklands Communal Property Association and Others (2435/2021)

Wellen v Bucklands Communal Property Association and Others (2435/2021) [2023] ZANCHC 39 (24 March 2023)

Court

Northern Cape High Court, Kimberley

Case number

2435/2021

Judge

O.K. Chwaro

The court found that the CPA's attorneys lacked proper authority to oppose the application, as the executive committee's term had expired and no new committee was lawfully elected. The application thus stood as unopposed. However, the CPA was not a party to the Labour Court proceedings nor a signatory to the High Court settlement agreement. The court held that it cannot enforce orders against a party who was not bound by or party to the original proceedings or agreement. The applicant failed to demonstrate any legal basis for holding the CPA liable for the Trust's obligations. The settlement…

Source excerpt

• Enforcement Of Court Orders
• Authority To Litigate
• Settlement Agreement
• Communal Property Association
• Land Restitution

Sehole v Minister of Rural Development and Land Reform and Others (LCC288/ 2017)

Sehole v Minister of Rural Development and Land Reform and Others (LCC288/ 2017) [2022] ZALCC 1 (8 February 2022)

Court

Land Claims Court

Case number

LCC288/ 2017

Judge

Barnes AJ

The court dismissed an application seeking exclusive transfer of restitution land to one Sehole family member, holding all descendants were beneficiaries.

• Restitution Of Land Rights Act
• Land Claims Settlement
• Communal Property Association
• Rectification Of Registration Error
• Land-restution
• Land-claims

MG Radebe & others v Mathulini Communal Property Association & others (LCC 267/2017F)

MG Radebe & others v Mathulini Communal Property Association & others (LCC 267/2017F) [2021] ZALCC 5 (13 April 2021)

Court

Land Claims Court

Case number

LCC 267/2017F

Judge

Potterill

The Land Claims Court dismissed a challenge to Mathulini CPA’s 6 December 2017 AGM, upheld the committee elections, rejected authority and validity objections, and ordered attorney-and-client costs.

• Communal Property Association
• Agm Validity
• Committee Election
• Authority To Act
• Costs Award
• Communal-property-association

Emakhasaneni Community v Minister of Rural Development and Land Reform and Others; Entembeni Community v Minister of Rural Development and land Reform and Others; Mthonjaneni Community v Minister of Rural Development and Land Reform and Others (LCC03/2009; LCC230/2009; LCC201/2013)

Emakhasaneni Community v Minister of Rural Development and Land Reform and Others; Entembeni Community v Minister of Rural Development and land Reform and Others; Mthonjaneni Community v Minister of Rural Development and Land Reform and Others (LCC03/2009; LCC230/2009; LCC201/2013) [2019] ZALCC 30 (17 May 2019)

Court

Land Claims Court

Case number

LCC03/2009; LCC230/2009; LCC201/2013

Judges

MP Canca, EJ Sibeko

Leave to appeal was dismissed with costs after the Land Claims Court held that the Trust had no legal entitlement to have the awarded land transferred into its name.

• Restitution Of Land Rights Act
• Leave To Appeal Test
• Joinder Of Parties
• Communal Property Association
• Costs Award
• Leave-to-appeal

Saint and Others v Chief Land Claims Commissioner and Others (LCC 36/2018)

Saint and Others v Chief Land Claims Commissioner and Others (LCC 36/2018) [2018] ZALCC 22 (25 October 2018)

Court

Land Claims Court

Case number

LCC 36/2018

Judge

Barnes

The Land Claims Court dismissed an interlocutory joinder application, finding the CPA was properly cited without joining individual members, and ordered costs against the applicants.

• Joinder Of Parties
• Communal Property Association
• Costs Order
• Condonation
• Universitas
• Settlement Agreement

Mdhuli v Legoabe N.O. and Others (41762/13, 41763/13)

Mdhuli v Legoabe N.O. and Others (41762/13, 41763/13) [2014] ZAGPPHC 378 (17 June 2014)

Court

North Gauteng High Court, Pretoria

Case number

41762/13, 41763/13

Judge

S K Hassim

The High Court dismissed a challenge to a community trust for non-joinder and also dismissed a rental claim because the applicant failed to show a lawful right to occupy the rooms.

• Trust Property Control Act
• Restitution Of Land Rights Act
• Joinder Of Parties
• Locus Standi
• Communal Property Association
• Unlawful Occupation

Bakgatla ba Kgafela Communal Property Association v Kgafela and Others (LCC219/2012)

Bakgatla ba Kgafela Communal Property Association v Kgafela and Others (LCC219/2012) [2013] ZALCC 6 (3 January 2013)

Court

Land Claims Court

Case number

LCC219/2012

Judge

C E Loots

The Land Claims Court dismissed an urgent interim interdict application over alleged development on Saulspoort 38 JQ, finding no proven restitution-based right or jurisdiction.

• Interim Interdict
• Jurisdiction Of Land Claims Court
• Locus Standi
• Restitution Of Land Rights
• Communal Property Association
• Prima Facie Right

Louw and Others v Richtersveld Agricultural Holdings Company (Pty) Ltd and Others (1189/2010)

Louw and Others v Richtersveld Agricultural Holdings Company (Pty) Ltd and Others (1189/2010) [2010] ZANCHC 54 (29 October 2010)

Court

Northern Cape High Court, Kimberley

Case number

1189/2010

Judge

Majiedt

The applicants lack locus standi to challenge the constitution of RAHCO's board or the amendments to its articles, as they are neither members nor shareholders of RAHCO or Selfdevco. The court will not pierce the corporate veil absent proof of fraud or improper conduct, which is not established on the papers. The impugned resolutions and appointment of a sole director were made bona fide to address RAHCO's financial crisis and do not constitute an abuse of majority power. Section 183 of the Companies Act does not assist the applicants, as they are not entitled in law to invoke it. The interim…

Source excerpt

• Locus Standi
• Piercing Corporate Veil
• Company Directorship
• Communal Property Association
• Abuse Of Majority Power
• Interim Interdict