South Africa Case Law

Department of Agriculture Land Reform and Rural Development: Director General v Barolong Boo Maiketso Communal Property Association and Others (Leave to Appeal) (UM262/2023)

Department of Agriculture Land Reform and Rural Development: Director General v Barolong Boo Maiketso Communal Property Association and Others (Leave to Appeal) (UM262/2023) [2025] ZANWHC 141 (11 August 2025)

Court

North West High Court, Mafikeng

Case number

UM262/2023

Judge

Dibetso-Bodibe

The High Court refused leave to appeal against its earlier ex parte reconsideration order, finding no reasonable prospects of success.

• Leave To Appeal
• Locus Standi
• Ex Parte Orders
• Communal Property Association Act
• Motion Proceedings
• Leave-to-appeal

Makgari Communal Property Association v Department of Agriculture, Rural Development and Land Reform, Limpopo Province and Others (5158/2018)

Makgari Communal Property Association v Department of Agriculture, Rural Development and Land Reform, Limpopo Province and Others (5158/2018) [2025] ZALMPPHC 114 (17 June 2025)

Court

Limpopo High Court, Polokwane

Case number

5158/2018

Judge

M Z Makoti

The High Court found the first respondent in contempt of a 2018 order to register a communal property association and pay costs, but dismissed the case against others.

• Communal Property Association Act
• Civil Contempt Of Court
• Title Deed Rectification
• Costs Award
• Civil-contempt-of-court
• Communal-property-association

Morakadi and Another v Bakone Ba Masha Mokopole Communal Property Association and Others (HCAA39/2023)

Morakadi and Another v Bakone Ba Masha Mokopole Communal Property Association and Others (HCAA39/2023) [2024] ZALMPPHC 161 (1 November 2024)

Court

Limpopo High Court, Polokwane

Case number

HCAA39/2023

Judges

Bresler, Ngobeni, Ledwaba

The appeal was dismissed because the appellants failed to present sufficient evidence that the First Respondent was unwilling or unable to pay its debts or meet its obligations, or that it would be just and equitable to place it under administration. The court found that the alleged maladministration and misconduct did not amount to a breakdown of trust among all members, nor did it justify such a drastic remedy. The Sixth Respondent was already undertaking regularization measures, and alternative remedies under the Communal Property Association Act had not been exhausted by the appellants. T…

Source excerpt

• Communal Property Association Act
• Judicial Discretion
• Just And Equitable Remedy
• Counter Application
• Administration Order

Department of Agriculture, Land Reform and Rural Development: Director General v Barolong Boo Maiketso Communal Property Association and Others (UM262/2023)

Department of Agriculture, Land Reform and Rural Development: Director General v Barolong Boo Maiketso Communal Property Association and Others (UM262/2023) [2024] ZANWHC 230 (11 September 2024)

Court

North West High Court, Mafikeng

Case number

UM262/2023

Judge

Dibetso-Bodibe

The court set aside an ex parte interim order freezing a CPA’s bank accounts, finding the applicant had not substantiated the allegations or justified urgent ex parte relief.

• Communal Property Association Act
• Ex Parte Orders
• Urgent Interdict
• Fiduciary Duties Of Executive Committee
• Audi Alteram Partem
• Costs Orders

Makhalini Womlabo Communal Property Association v Skhosana and Others (1877/2022)

Makhalini Womlabo Communal Property Association v Skhosana and Others (1877/2022) [2024] ZAMPMBHC 44 (4 July 2024)

Court

Mbombela High Court, Mpumalanga

Case number

1877/2022

Judge

K F Phahlamohlaka

The High Court dismissed preliminary objections in a communal property association dispute, holding that internal remedies were optional and the court had jurisdiction.

• Internal Remedies
• Jurisdiction
• Communal Property Association Act
• Costs Award
• Internal-remedies
• Communal-property-association

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

Balepye Communal Property Association v Director-General of the Department of Agriculture, Land Reform and Rural Development and Others (2024-064900)

Balepye Communal Property Association v Director-General of the Department of Agriculture, Land Reform and Rural Development and Others (2024-064900) [2024] ZAGPPHC 567 (21 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024-064900

Judge

Kubushi

The court found that the applicant failed to establish a nexus between the respondents and the act of convening the meeting scheduled for 23 June 2024. The evidence relied upon by the applicant, namely the notices, did not conclusively show that the respondents were responsible for convening the meeting. The respondents' denial of responsibility was not implausible or far-fetched, and the applicant's case did not stand on the papers. Applying the Plascon-Evans rule, the court held that the applicant had not met the requirements for a final interdict, and the application was dismissed.

Source excerpt

• Communal Property Association Act
• Final Interdict
• Urgent Interdict
• Dispute Of Fact
• Community Meeting
• Plaintiff Burden Of Proof

Khutso Naketsi Communal Property Association v Khutso Naketsi Agri (Pty) Ltd and Others (Leave to Appeal) (61961/2022)

Khutso Naketsi Communal Property Association v Khutso Naketsi Agri (Pty) Ltd and Others (Leave to Appeal) (61961/2022) [2024] ZAGPPHC 27 (22 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

61961/2022

Judge

K Strydom

Leave to appeal was refused where the court held the share transfer agreement was void for lack of authority and the lis pendens plea had no reasonable prospect of success.

• Communal Property Association Act
• Authority To Contract
• Void Contract
• Lis Pendens
• Motion Proceedings
• Communal-property-association

Bakgatla-Ba-Kgafela Property Association v Pilane and Others (M450/2021)

Bakgatla-Ba-Kgafela Property Association v Pilane and Others (M450/2021) [2023] ZANWHC 62 (25 May 2023)

Court

North West High Court, Mafikeng

Case number

M450/2021

Judge

Reddy

The court found that the applicant failed to establish locus standi to institute the application. The resolution provided by the applicant did not specifically authorise the deponent to depose to the founding affidavit at the relevant time, nor did it demonstrate a formal process of authorisation by the applicant's directors or the Traditional Community. The applicant's claim to be the only organised structure was deemed opportunistic and unsupported by evidence. The court held that, in the absence of explicit authorisation and compliance with Rule 7 of the Uniform Rules of Court, the applica…

Source excerpt

• Locus Standi
• Communal Property Association Act
• Declaratory Relief
• Rule 7 Uniform Rules
• Traditional Leadership

Khutso Naketsi Communal Property Association v Khutso Naketsi Agri (Pt) Ltd and Others

Khutso Naketsi Communal Property Association v Khutso Naketsi Agri (Pt) Ltd and Others [2023] ZAGPPHC 394; 61961/2022 (25 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

61961/2022

Judge

K Strydom

The High Court held that a share transfer agreement was void for lack of authority under the CPA constitution, and confirmed the applicant’s 70% shareholding.

• Communal Property Association Act
• Share Transfer Agreement
• Authority Of Signatory
• Lis Alibi Pendens
• Removal Of Directors
• Special Resolution Requirements