South Africa Case Law

Marule and Others v Marule and Others (15082/2020)

Marule and Others v Marule and Others (15082/2020) [2023] ZAGPJHC 928 (17 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

15082/2020

Judge

RJ Moultrie

The court held that the applicants' reliance on section 2 of the Conversion Act was misplaced, as residential permits under Regulation 7 do not qualify as 'affected sites' and are not subject to section 2 inquiries. Instead, the Conversion Act specifically provides in section 6 for the automatic conversion of such permits into statutory leases, which may subsequently be upgraded to ownership under other legislation. The authorities cited by the applicants were distinguishable, as they involved site permits or occupation certificates, which are expressly included as 'affected sites.' The court…

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• Conversion Of Rights
• Title Deed Cancellation
• Leasehold To Ownership
• Section 2 Inquiry
• Upgrading Of Land Rights

Road Accident Fund and Another v Discovery Health (Pty) Limited (2022/016179)

Road Accident Fund and Another v Discovery Health (Pty) Limited (2022/016179) [2023] ZAGPPHC 37 (23 January 2023)

Court

North Gauteng High Court, Pretoria

Case number

2022/016179

Judge

Mnyovu

The court found that the applicant had a legally recognized interest in the property, having occupied it for decades, paid for its acquisition and development, and been listed as co-owner by the municipality. The evidence showed that the property was transferred between respondents without proper authority or notification to the applicant, amounting to a fraudulent transfer. The court held that the applicant met the requirements for declaratory relief, as the dispute was concrete and not hypothetical, and the applicant's interest was direct and substantial. The delay in bringing the applicati…

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• Declaratory Relief
• Fraudulent Transfer
• Conversion Of Rights
• Registration Of Title
• Municipal Clearance
• Delay In Proceedings

Langa N.O. v Langa and Others (2020/13032)

Langa N.O. v Langa and Others (2020/13032) [2021] ZAGPJHC 358 (31 May 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/13032

Judge

Siwendu

The court found that the transfer of the property into the names of the first respondent and her late husband was procedurally flawed, as neither the applicant nor his sister were consulted, and the statutory requirements for inquiry and determination of rights under the Conversion Act were not followed. The applicant's locus standi was upheld, as he and his sister are direct descendants of the original permit holder and have a legitimate interest in the property. The respondent's arguments regarding prescription and non-joinder were rejected, as the facts did not support a finding of prescri…

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• Title Deed Cancellation
• Conversion Of Rights
• Mental Health Administration
• Locus Standi
• Prescription
• Caveat Registration

Tshabalala and Others v Tshabalala and Others (38827/2016)

Tshabalala and Others v Tshabalala and Others (38827/2016) [2019] ZAGPJHC 192 (28 June 2019)

Court

South Gauteng High Court, Johannesburg

Case number

38827/2016

Judge

K E Matojane

The court dismissed a bid to cancel a title deed, holding that an earlier valid cession divested the original holder of rights and the alleged will could not assist.

• Cession Of Rights
• Title Deed Cancellation
• Intestate Succession
• Conversion Of Rights
• Will Validity
• Cession-of-rights

Hlongwane and Others v Moshoaliba and Others (A5009/2017)

Hlongwane and Others v Moshoaliba and Others (A5009/2017) [2018] ZAGPJHC 114 (2 February 2018)

Court

South Gauteng High Court, Johannesburg

Case number

A5009/2017

Judges

Molahlehi, Ismail, NH Maenetje

The court held that the transfer of the property into Dennis Hlongwane's name was valid and enforceable under the abstract theory of transfer, as the appellants had consciously elected to have Dennis registered as owner and did not insist on any endorsement restricting his rights. The agreement among siblings was a personal arrangement and did not create a real right enforceable against third parties or subsequent purchasers. The title deed was not defective, and the failure to endorse it with a 'family house' restriction did not justify cancellation under section 6 of the Deeds Registries Ac…

Source excerpt

• Transfer Of Ownership
• Title Deed Cancellation
• Abstract Theory Of Transfer
• Real Agreement
• Deeds Registries Act
• Conversion Of Rights