South Africa Case Law

Ramotsoele and Others v Ramotsoele and Others (30681/2017)

Ramotsoele and Others v Ramotsoele and Others (30681/2017) [2023] ZAGPJHC 1172 (17 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

30681/2017

Judge

ML Twala

The court found that the property in question was held under a residential permit, which falls under section 6(1)(a) of the Conversion Act. Therefore, no enquiry by the Director General under section 2 was required for the transfer and registration of the property. The applicants had entered into a clear agreement for the property to be registered in the first respondent's name, and their subsequent claim of ignorance was not credible. The police officer's role was limited to commissioning the affidavit and did not affect the validity of the agreement. The dispute of fact raised by the applic…

Source excerpt

• Conversion Of Rights Act
• Title Deed Cancellation
• Section 2 Inquiry
• Residential Permit
• Dispute Of Fact
• Costs Order

City of Ekurhuleni Metropolitan Municipality v Themba and Others (26039/2020)

City of Ekurhuleni Metropolitan Municipality v Themba and Others (26039/2020) [2022] ZAGPJHC 811 (17 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

26039/2020

Judge

S Yacoob

The court set aside an unlawful transfer of municipal property, ordered it restored to the municipality, and directed a section 2 inquiry under the Conversion Act.

• Conversion Of Rights Act
• Unlawful Transfer
• Section 2 Inquiry
• Ownership Dispute
• Property-law
• Municipal-law

Gauteng Provincial Government: Department of Human Settlements and Another v Motasi and Others (2021/42636)

Gauteng Provincial Government: Department of Human Settlements and Another v Motasi and Others (2021/42636) [2022] ZAGPJHC 663 (8 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2021/42636

Judge

Dlamini

The High Court cancelled a deed of transfer after finding the property had been transferred without the mandatory statutory inquiry, making the registration erroneous.

• Deeds Registries Act
• Conversion Of Rights Act
• Administrative Error
• Title Deed Cancellation
• Administrative-law
• Land-property

Tladi and Others v City of Johannesburg Metropolitan Municipality and Others (2020/05024)

Tladi and Others v City of Johannesburg Metropolitan Municipality and Others (2020/05024) [2022] ZAGPJHC 445 (5 July 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2020/05024

Judge

Dlamini

The court found that the applicants failed to provide evidence that the City Council acted unlawfully in issuing the certificate of occupation to the second respondent. There were no minutes or resolutions supporting their claim that the property was to be held on their behalf. The applicants did not challenge the validity of the sale agreement when they were majors, nor did they provide any explanation or condonation for the delay in bringing the application. The allegations of misrepresentation and error were unsubstantiated. The court held that, in line with Oudekraal, the applicants shoul…

Source excerpt

• Conversion Of Rights Act
• Review Of Administrative Action
• Invalidity Of Sale Agreement
• Transfer Of Property
• Housing Tribunal Appeal

Malgas and Another v Alexander and Others (21137/2017)

Malgas and Another v Alexander and Others (21137/2017) [2022] ZAGPJHC 25 (13 January 2022)

Court

South Gauteng High Court, Johannesburg

Case number

21137/2017

Judge

G Nel

The court dismissed an application to cancel a title deed and send ownership back for reconsideration, finding no legal basis to disturb the registered transfer.

• Deeds Registries Act
• Conversion Of Rights Act
• Title Deed Cancellation
• Municipal Housing Dispute
• Administrative Action
• Ownership Determination

Ngcobo and Others v Mathonsi and Others (685/2017)

Ngcobo and Others v Mathonsi and Others (685/2017) [2019] ZAKZDHC 32 (16 May 2019)

Court

Kwazulu-Natal High Court, Durban

Case number

685/2017

Judge

Radebe

The court set aside the transfer of a municipal property to one sister, holding that the statutory inquiry required by section 2 of the Act had not been conducted.

• Conversion Of Rights Act
• Intestate Succession
• Transfer Of Property
• Certificate Of Occupation
• Judicial Review
• Property-law

Mochochoko v Mochochoko and Others (3647/2015)

Mochochoko v Mochochoko and Others (3647/2015) [2018] ZAFSHC 155 (18 October 2018)

Court

Free State High Court, Bloemfontein

Case number

3647/2015

Judge

JP Daffue

The court found that the 1994 will of DD Mochochoko, although only a copy, complied with all formal requirements and was intended by the testatrix to be her last will and testament. In terms of section 2(3) of the Wills Act and binding Supreme Court of Appeal authority, the Master must be authorised to accept the copy as a valid will. However, the court held that there was insufficient evidence to declare the joint will of 1978 invalid or revoked, as the legal consequences of adiation and massing under the joint will bound the surviving spouse and prevented revocation by a later will. The pro…

Source excerpt

• Joint Wills
• Fideicommissum
• Conversion Of Rights Act
• Revocation Of Wills
• Administration Of Estates
• Acceptance Of Copies As Wills

Molata v Lakaje and Others (25181/2014)

Molata v Lakaje and Others (25181/2014) [2016] ZAGPJHC 116 (26 May 2016)

Court

South Gauteng High Court, Johannesburg

Case number

25181/2014

Judge

T.V. Ratshibvumo

The court found that the title deed for the property was erroneously issued to the First Respondent and her late husband, who were not permit holders. The Director-General's powers do not extend to cancelling a title deed; only a court may do so. The applicant, as the son of the original permit holder, has a legitimate claim to have the title deed cancelled and an inquiry held to determine the rightful claimant. The First Respondent did not assert any entitlement to ownership and failed to provide evidence to challenge the applicant's claim. The only factual dispute—residence at the property—…

Source excerpt

• Title Deed Cancellation
• Conversion Of Rights Act
• Permit Holder Entitlement
• Administrative Inquiry
• Perjury In Affidavit

Rewu and Another v Moko and Others (67303/2013)

Rewu and Another v Moko and Others (67303/2013) [2014] ZAGPPHC 846 (23 October 2014)

Court

North Gauteng High Court, Pretoria

Case number

67303/2013

Judge

D S Fourie

The court refused final cancellation relief on motion in a property-title dispute and referred the matter to trial because of serious factual disputes.

• Title Deed Cancellation
• Conversion Of Rights Act
• Prescription
• Functus Officio
• Motion Proceedings
• Referral To Trial

Letsoalo and Another v Letsoalo and Others (A116/2014)

Letsoalo and Another v Letsoalo and Others (A116/2014) [2014] ZAGPPHC 738 (12 September 2014)

Court

North Gauteng High Court, Pretoria

Case number

A116/2014

Judges

N Kollapen, A A Louw

The appeal was upheld because the Magistrate's Court failed to resolve the real and substantial dispute regarding ownership of the property and the lawfulness of the respondents' occupation. The Magistrate erred by not obtaining a report from the Director-General as required by the Conversion of Certain Rights into Leasehold or Ownership Act, which was necessary to determine the rights of the parties. Furthermore, Tinny Letsoalo, who had a direct and substantial interest in the proceedings, was not joined as a party. The matter was referred back for trial de novo after proper joinder and comp…

Source excerpt

• Unlawful Occupation
• Eviction Under Pie
• Joinder Of Parties
• Ownership Dispute
• Conversion Of Rights Act