South Africa Case Law

Matjila v The State (A642/2017)

Matjila v The State (A642/2017) [2022] ZAGPPHC 602 (11 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

A642/2017

Judge

du Plessis

The court held that the applicant's right to occupy and protect the family home, rooted in a family rights agreement and supported by administrative findings, must be recognised and protected. The common law model of individual ownership is insufficient to address the realities of family homes in South Africa, especially where customary law and administrative processes have conferred collective rights. The Constitution obliges the development of property law to accommodate such rights and to promote security of tenure. The Registrar of Deeds is ordered to transfer the property to the applican…

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• Conversion Of Land Tenure Rights
• Customary Law Property Rights
• Family Home Agreements
• Deeds Registries Act
• Security Of Tenure
• Section 25 Constitution

Manzini v Mushwana and Others (44075/2021)

Manzini v Mushwana and Others (44075/2021) [2021] ZAGPPHC 673 (14 October 2021)

Court

North Gauteng High Court, Pretoria

Case number

44075/2021

Judge

N Janse Van Nieuwenhuizen

The court dismissed an application to reverse property transfer, finding the widow lacked locus standi and, in any event, the second respondent obtained good title.

• Conversion Of Land Tenure Rights
• Fraudulent Transfer
• Abstract Theory Of Transfer
• Locus Standi
• Voidable Transactions
• Locus-standi

Ozoh v Dladla and Others (19/31789)

Ozoh v Dladla and Others (19/31789) [2021] ZAGPJHC 773 (11 August 2021)

Court

South Gauteng High Court, Johannesburg

Case number

19/31789

Judge

Majavu

The applicant's mother held a regulation 7 permit, which was lawfully terminated by the Municipality in 1981. Thereafter, the property was allocated to the first respondent, who purchased it under the 99-year leasehold scheme and was later issued a full title deed in accordance with statutory provisions. At the time of her death, the applicant's mother had no legal right or interest in the property, and it did not form part of her estate. The applicant's claim is therefore without merit, as she cannot assert rights over property her mother did not own or have a legal interest in. The process…

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• Cancellation Of Title Deed
• Conversion Of Land Tenure Rights
• Regulation 7 Permit
• Upgrading Of Land Tenure Rights Act
• Black Communities Development Act
• Housing Act

Masweneng v Rakololo and Others (70173/2013)

Masweneng v Rakololo and Others (70173/2013) [2019] ZAGPPHC 458 (15 August 2019)

Court

North Gauteng High Court, Pretoria

Case number

70173/2013

Judge

Strydom

The court found that although Ms Masweneng holds a title deed, her acquisition of ownership is questionable as she occupied the property without permission from either the municipality or the permit holder, Ms Mokonyama. The evidence showed that Ms Rakololo obtained permission to occupy the property from Ms Mokonyama before the transfer to Ms Masweneng. Therefore, Ms Rakololo was not an unlawful occupier at the time of taking occupation. The court held that the applicant failed to prove on a balance of probabilities her right to evict the respondent, especially considering the respondent's lo…

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• Prevention Of Illegal Eviction Act
• Conversion Of Land Tenure Rights
• Title Deed Validity
• Just And Equitable Eviction
• Constitutional Right To Housing

Khwashaba and Another v Ratshitanga and Others (27632/14)

Khwashaba and Another v Ratshitanga and Others (27632/14) [2016] ZAGPJHC 70 (29 February 2016)

Court

South Gauteng High Court, Johannesburg

Case number

27632/14

Judge

R Francis

The court found that the property in question was historically subject to discriminatory land tenure laws, and that the transfer of ownership into the names of the first applicant and second respondent occurred without lawful basis and without proper administrative enquiry. At the time of the divorce, only leasehold rights existed, not ownership, and neither party could lawfully dispose of the property. The subsequent sale and transfer to the first respondent was ultra vires and invalid. The defence of estoppel was rejected, as it cannot validate an unlawful transfer. The court held that an a…

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• Conversion Of Land Tenure Rights
• Leasehold Vs Ownership
• Succession In Family Property
• Administrative Enquiry
• Estoppel
• Housing Disputes