South Africa Case Law

Sikhosana v Sikhosana and Others (44363/2020)

Sikhosana v Sikhosana and Others (44363/2020) [2022] ZAGPJHC 728 (30 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

44363/2020

Judge

L R Adams

The court found that the first respondent and Jan Samuel Sikhosana lawfully acquired ownership of the property under the Conversion Act, which converted prior occupancy rights into full ownership. The applicant's claim that the inclusion of the first respondent's name on the title deed was erroneous was rejected as fanciful. The applicant failed to establish any legal entitlement to the property, either through inheritance or by virtue of marriage to Bafana Sikhosana. The title deed accurately reflected the true ownership, and there was no basis for rectification or cancellation. Accordingly,…

Source excerpt

• Deeds Registries Act
• Conversion Of Rights To Ownership
• Title Deed Rectification
• Intestate Succession
• Plascon Evans Rule

Vermeulen N.O. v Rammile and Others (A260/2017)

Vermeulen N.O. v Rammile and Others (A260/2017) [2018] ZAFSHC 59 (10 May 2018)

Court

Free State High Court, Bloemfontein

Case number

A260/2017

Judges

Daffue, Mbhele, Van Rhyn

The appeal was dismissed as the appellant failed to establish any legal basis for cancellation of the transfer of the property to the first respondent. The property was transferred pursuant to a declaration by the Director-General under the Conversion Act, not by sale, inheritance, or donation, and the statutory procedure was followed. The appellant did not pursue a review of the Director-General's decision and failed to disclose all relevant facts to the urgent court. The suspensive condition in the Deed of Sale was not shown to have lapsed, and the contract may still be in existence. The pu…

Source excerpt

• Conversion Of Rights To Ownership
• Deeds Registry Act
• Administration Of Estates Act
• Punitive Costs
• Conflict Of Interest

Nyathikazi v Minister of Human Settlement and Others (18083/2015)

Nyathikazi v Minister of Human Settlement and Others (18083/2015) [2018] ZAGPJHC 83 (16 March 2018)

Court

South Gauteng High Court, Johannesburg

Case number

18083/2015

Judge

E Molahlehi

The High Court ordered transfer and registration of a municipal property into the applicant’s name under the Conversion Act, rejecting the municipality’s opposition.

• Conversion Of Rights To Ownership
• Registration Of Title
• Municipal Land Use
• Administrative Review
• Land-and-property
• Title-registration

Maimela v Maimela and Others (13282/16)

Maimela v Maimela and Others (13282/16) [2017] ZAGPJHC 366 (24 August 2017)

Court

South Gauteng High Court, Johannesburg

Case number

13282/16

Judge

R Francis

The court cancelled a title deed registered without the required enquiry and ordered a fresh enquiry to determine the lawful beneficiaries of the property.

• Conversion Of Rights To Ownership
• Succession Disputes
• Housing Disputes
• Title Deed Cancellation
• Title-deed-cancellation
• Housing-disputes

Soetmelk v Seezing and Others (A3040/2011)

Soetmelk v Seezing and Others (A3040/2011) [2016] ZAGPJHC 86 (29 April 2016)

Court

South Gauteng High Court, Johannesburg

Case number

A3040/2011

Judges

Van der Linde, A Mayet

The High Court granted condonation, reinstated the appeal, set aside the tribunal’s award to the first respondent, and ordered transfer to the late Mrs Soetmelk’s estate.

• Conversion Of Rights To Ownership
• Succession Of Property
• Adjudicator Discretion
• Condonation
• Transfer Of Immovable Property
• Conversion-of-rights-to-ownership

Ntshalintshali and Others v Sekano and Others (2014/31317)

Ntshalintshali and Others v Sekano and Others (2014/31317) [2015] ZAGPJHC 123 (12 June 2015)

Court

South Gauteng High Court, Johannesburg

Case number

2014/31317

Judge

R Hertenberger

The court cancelled a title deed and leasehold certificate over Erf 768, Orlando East, and ordered a section 2 inquiry to determine the rightful claimant.

• Conversion Of Rights To Ownership
• Title Deed Cancellation
• Family Rights Agreement
• Administrative Error
• Section 2 Inquiry
• Custodianship Of Property

Makhubo and Another v Maluleke and Others (22297/2011)

Makhubo and Another v Maluleke and Others (22297/2011) [2012] ZAGPJHC 206 (10 October 2012)

Court

South Gauteng High Court, Johannesburg

Case number

22297/2011

Judge

N F Kgomo

High Court set aside fraudulent transfers of an occupied Soweto property, ordered cancellation of the deed, and directed a provincial enquiry into ownership.

• Conversion Of Rights To Ownership
• Fraudulent Transfer
• Deeds Registry Act
• Section 2 Enquiry
• Setting Aside Transfer
• Locus Standi

Nzimande and Another v Nzimande and Others (24490/12)

Nzimande and Another v Nzimande and Others (24490/12) [2012] ZAGPJHC 223 (11 September 2012)

Court

South Gauteng High Court, Johannesburg

Case number

24490/12

Judge

Kathree-Setiloane

The court found that the applicants, as dependants listed on the certificate of occupation, had a right to occupy and use the property. The Director-General was obliged to conduct an enquiry under section 2 of the Act before any transfer of ownership could occur. The transfer to the first respondent was effected without such an enquiry and without consulting the applicants, rendering the transfer irregular and invalid. The sale and registration of the property in the first respondent's name must be cancelled, and an enquiry must be held to determine the rightful claimant.

Source excerpt

• Conversion Of Rights To Ownership
• Section 2 Enquiry
• Title Deed Cancellation
• Irregular Transfer
• Rights Of Occupation