South Africa Case Law

Skhosana and Another v Makhalini Womlambo Communal Property Association (Leave to Appeal) (1877/22)

Skhosana and Another v Makhalini Womlambo Communal Property Association (Leave to Appeal) (1877/22) [2025] ZAMPMHC 25 (15 April 2025)

Court

Middelburg High Court, Mpumalanga

Case number

1877/22

Judge

K F Phahlamohlaka

The High Court granted condonation and leave to appeal, finding that the issues raised over the respondent’s constitution and the Communal Properties Associations Act warrant clarification.

• Leave To Appeal
• Communal Property Associations Act
• Condonation
• Interpretation Of Constitution
• Costs In Appeal
• Leave-to-appeal

Batjes v Oppermangronde Communal Property Association (2025/2023)

Batjes v Oppermangronde Communal Property Association (2025/2023) [2024] ZAFSHC 293 (19 September 2024)

Court

Free State High Court, Bloemfontein

Case number

2025/2023

Judge

Gusha, AJ

The court found that the applicant's request for further discovery was overly broad and lacked specificity, amounting to a fishing expedition rather than a legitimate application for relevant documents. The dispute in the main action relates to the alleged breach of a lease agreement and termination of membership, and the applicant is either already in possession of the necessary documents or they have been discovered. Relevance must be determined by reference to the pleadings, and the applicant failed to demonstrate that the requested documents are relevant to any matter in question. Consequ…

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• Discovery Of Documents
• Relevance Of Evidence
• Communal Property Associations Act
• Eviction Proceedings

Leogale and Another v Diratsagae Communal Property Association and Another (M520/2021)

Leogale and Another v Diratsagae Communal Property Association and Another (M520/2021) [2023] ZANWHC 6 (7 February 2023)

Court

North West High Court, Mafikeng

Case number

M520/2021

Judge

Petersen

The court found that the relief sought by the applicants was moot because a new Executive Committee of the CPA had already been elected and installed. The complaints related to the previous committee and did not establish ongoing maladministration or mismanagement justifying intervention under section 13(1) of the Communal Property Associations Act. The applicants failed to substantiate allegations of exclusion, financial non-disclosure, or project mismanagement. The court distinguished the precedent in Makgoba v Ledwaba NO, noting that the previous committee did not refuse to relinquish offi…

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• Communal Property Associations Act
• Administration Of Associations
• Locus Standi
• Governance Of Land Rights
• Judicial Review Of Administration

Dawson v Sidney on Vaal CPA and Another (603/2019)

Dawson v Sidney on Vaal CPA and Another (603/2019) [2022] ZANCHC 29 (27 May 2022)

Court

Northern Cape High Court, Kimberley

Case number

603/2019

Judge

AG van Tonder

The court held that maladministration is not an independent ground for placing a Communal Property Association under administration in terms of section 13 of the Communal Property Associations Act. Instead, maladministration is one of several factors to be considered in determining whether the association is unwilling or unable to pay its debts or meet its obligations. The applicant failed to establish special circumstances or good cause for the appointment of an administrator and did not discharge the onus required to persuade the court to exercise its discretion. The court found no reasonab…

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• Communal Property Associations Act
• Appointment Of Administrator
• Leave To Appeal
• Just And Equitable Standard

Pniel Communal Property Association v Pniel Youth Agricultural Co-operative and Others (2585/2019)

Pniel Communal Property Association v Pniel Youth Agricultural Co-operative and Others (2585/2019) [2021] ZANCHC 23 (23 July 2021)

Court

Northern Cape High Court, Kimberley

Case number

2585/2019

Judge

Williams

The court found that the respondents failed to establish genuine or bona fide disputes of fact regarding their entitlement to utilize the applicant's property and pivots. The evidence, including minutes of meetings, confirmed that the respondents were only permitted to operate their own pivot and were required to pay a portion of their income to the applicant. No agreement existed granting broader rights over the applicant's pivots or land. The applicant's authority to institute proceedings was sufficiently established, and the respondents did not challenge the attorney's authority under Rule…

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• Communal Property Associations Act
• Interdict
• Authority To Institute Proceedings
• Dispute Of Fact
• Costs Order

Dawson v Sidney on Vaal CPA and Another (603/2019)

Dawson v Sidney on Vaal CPA and Another (603/2019) [2021] ZANCHC 2; [2021] 2 All SA 429 (NC); 2021 (6) SA 167 (NCK) (8 January 2021)

Court

Northern Cape High Court, Kimberley

Case number

603/2019

Judge

Van Tonder

The court held that maladministration, as alleged by the applicant, is not an independent ground for placing a communal property association under administration unless it results in the association being unwilling or unable to pay its debts or meet its obligations. The evidence showed that the CPA was financially sound, able to pay dividends, and that the current executive committee, elected in October 2018, had addressed prior irregularities. Most of the applicant's complaints related to events before the current committee's tenure, during which the applicant himself held a position of resp…

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• Communal Property Associations Act
• Maladministration
• Just And Equitable Remedy
• Fiduciary Duties
• Internal Remedies
• Dividend Payments

Moloto Communal Property Association v Tshoane (2017/86589)

Moloto Communal Property Association v Tshoane (2017/86589) [2019] ZAGPPHC 325 (19 February 2019)

Court

North Gauteng High Court, Pretoria

Case number

2017/86589

Judge

Mokose

The High Court dismissed a contempt application after finding that the applicant lacked locus standi because an administrator had been appointed and no delegation was proved.

• Locus Standi
• Contempt Of Court Order
• Communal Property Associations Act
• Locus-standi
• Contempt-of-court
• Communal-property-associations-act

Regional Land Claims Commissioner Free State and Northern Cape and Others v Pniel Communal Property Association (1149/2006)

Regional Land Claims Commissioner Free State and Northern Cape and Others v Pniel Communal Property Association (1149/2006) [2018] ZANCHC 15 (2 March 2018)

Court

Northern Cape High Court, Kimberley

Case number

1149/2006

Judge

Lever AJ

The High Court dismissed an application by additional applicants seeking joinder to a land claims matter, finding they lacked locus standi and that Rushtail was not properly joined.

• Joinder Of Parties
• Locus Standi
• Communal Property Associations Act
• Extension Of Security Of Tenure Act
• Mineral And Petroleum Resources Development Act
• Joinder-of-parties

Bakgatla-Ba-Kgafela Communal Property Association v Minister of Rural Development And Land Reform and Others (LCC 80/2012)

Bakgatla-Ba-Kgafela Communal Property Association v Minister of Rural Development And Land Reform and Others (LCC 80/2012) [2013] ZALCC 16 (14 June 2013)

Court

Land Claims Court

Case number

LCC 80/2012

Judge

Matojane

The Land Claims Court held that the Bakgatla-Ba-Kgafela association qualified for permanent registration under the CPA Act and ordered the Registrar to register it.

• Communal Property Associations Act
• Registration Of Community Entities
• Jurisdiction Of Land Claims Court
• Locus Standi
• Land Restitution
• Ministerial Powers

Khuis Communal Property Association v Gaotsenwe (77/2011)

Khuis Communal Property Association v Gaotsenwe (77/2011) [2011] ZANCHC 26 (9 September 2011)

Court

Northern Cape High Court, Kimberley

Case number

77/2011

Judge

C J Olivier

The court upheld an interdict enforcing a communal property committee’s land allocation, ordering removal of livestock from the Garona Camp and costs against the respondent.

• Communal Property Associations Act
• Allocation Of Land Rights
• Interdict
• Committee Powers
• Removal Of Livestock
• Communal-property-associations