South Africa Case Law

Mokgobo and Another v Mabona and Others (5777/2021)

Mokgobo and Another v Mabona and Others (5777/2021) [2022] ZAFSHC 326 (14 November 2022)

Court

Free State High Court, Bloemfontein

Case number

5777/2021

Judge

Mhlambi

The court found that the sale and transfer of the property to the applicants was tainted by irregularities in the administration of the deceased estate, specifically Mrs Morakabi's failure to obtain the co-executrix's consent and her misrepresentation to the Master. The Director-General's administrative decision regarding transfer was not properly preceded by the required inquiry under the Conversion Act. The first respondent's occupation was not shown to be unlawful, as her right to occupy had not been lawfully terminated. Justice and equity, as required by the PIE Act, dictate that eviction…

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• Prevention Of Illegal Eviction Act
• Conversion Of Rights Into Ownership
• Administrative Action Review
• Site Permit Disputes
• Estate Administration
• Just And Equitable Eviction

Motlatsi v Director-General of the Free State Province and Others (2960/2016)

Motlatsi v Director-General of the Free State Province and Others (2960/2016) [2017] ZAFSHC 144 (31 August 2017)

Court

Free State High Court, Bloemfontein

Case number

2960/2016

Judges

J.J.F. Hefer, M.B. Mbhele

Review granted where the court found no proper enquiry under the Conversion Act before ownership was declared and transfer registered in the sixth respondent’s name.

• Conversion Of Rights Into Ownership
• Administrative Review
• Title Deed Rectification
• Administrative-review
• Property-law
• Title-deed-rectification

Nxumalo N.O v Provincial Department of Housing KwaZulu Natal and Others (12356/2012)

Nxumalo N.O v Provincial Department of Housing KwaZulu Natal and Others (12356/2012) [2015] ZAKZDHC 75 (17 September 2015)

Court

Kwazulu-Natal High Court, Durban

Case number

12356/2012

Judge

Marks

The applicant failed to establish a legal basis for the relief sought. The evidence showed that the second respondent, as a biological daughter and heir, lawfully purchased the property from the first respondent, and the third respondent subsequently purchased the property from the estate of the second respondent. There was no evidence that the Director-General or his delegate failed to comply with the requirements of the Conversion of Certain Rights into Leasehold of Ownership Act 81 of 1988. The applicant's arguments regarding fraud and non-compliance with statutory procedures were not supp…

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• Conversion Of Rights Into Ownership
• Estate Administration
• Interdictory Relief
• Transfer Of Property
• Judicial Notice

Kuzwayo v Representative of the Executor in the Estate of the Late Masilela (28/2010)

Kuzwayo v Representative of the Executor in the Estate of the Late Masilela (28/2010) [2010] ZASCA 167; [2011] 2 All SA 599 (SCA) (1 December 2010)

Court

Supreme Court of Appeal

Case number

28/2010

Judges

Lewis, Van Heerden, Maya, Shongwe, K Pillay

The SCA dismissed an appeal over mistaken transfer of a site permit property, ordered cancellation of the deed to the wrong transferee, and directed an inquiry under the Conversion Act.

• Conversion Of Rights Into Ownership
• Rectification Of Deeds Registry
• Site Permit Entitlement
• Administrative Inquiry
• Locus Standi
• Review Of Administrative Action