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South Africa Case Law

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Land And Property [2020] ZAECMHC 17

Bhala Traditional Council v Dumezweni and Others (3486/2018)

Bhala Traditional Council v Dumezweni and Others (3486/2018) [2020] ZAECMHC 17 (3 June 2020)

Court
Eastern Cape High Court, Mthatha
Case number
3486/2018
Judge
M.S. Jolwana

The court found that the respondents unlawfully subdivided, demarcated, and allocated land within the applicant's jurisdiction without following the prescribed customary procedures. The respondents' bare denials and failure to engage substantively with the applicant's detailed allegations did not create a genuine dispute of fact. The applicant established a clear right to protect the customary practice of land allocation and prevent lawlessness. The points in limine raised by the respondents regarding non-joinder, misjoinder, and the authority of the deponent were rejected as lacking merit an…

Source excerpt

  • Customary Land Allocation
  • Final Interdict
  • Joinder And Misjoinder
  • Locus Standi
  • Rule Of Law
  • Access To Justice
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Land And Property [2018] ZALMPPHC 47

Block 17, Ga-Seaphole Community Development Committee and Others v P.M.E. Business Enterprise t/a Maake Farming and Others (1633/2015)

Block 17, Ga-Seaphole Community Development Committee and Others v P.M.E. Business Enterprise t/a Maake Farming and Others (1633/2015) [2018] ZALMPPHC 47 (3 September 2018)

Court
Limpopo High Court, Polokwane
Case number
1633/2015
Judge
M.V Semenya

The court found that the respondents are entitled to farm on the portion of land that belonged to the 2nd respondent's father, as this was allotted to the family and protected under IPILRA. However, the extension of the respondents' land was carried out without proper consultation with the community, contravening IPILRA. The PTO obtained by the respondents was declared null and void due to procedural irregularities, but not fraud. The applicants succeeded in obtaining a final interdict against the respondents in respect of the extended land, but not the original family land. Costs of the proc…

Source excerpt

  • Informal Land Rights
  • Permission To Occupy
  • Customary Land Allocation
  • Final Interdict
  • Community Land Disputes
  • Costs Order
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Land And Property [2017] ZANWHC 64

Royal Bafokeng Nation v Khunou and Others (M420/16)

Royal Bafokeng Nation v Khunou and Others (M420/16) [2017] ZANWHC 64 (31 August 2017)

Court
North West High Court, Mafikeng
Case number
M420/16
Judge
M M Leeuw

The court found that the respondents were not constituted as a traditional council or community as defined by the relevant statutes, and thus lacked authority to allocate residential stands independently of the applicant. The allocation of stands must be done in collaboration with the Royal Bafokeng Administration until the ownership dispute is resolved. The seventh respondents are unlawful occupiers, but the court declined to confirm their eviction due to inadequate service and lack of opportunity to be heard, in line with constitutional and statutory requirements. The local municipality sho…

Source excerpt

  • Unlawful Occupation
  • Eviction Procedure
  • Customary Land Allocation
  • Prevention Of Illegal Eviction Act
  • Section 26 Right To Housing
  • Joinder Of Municipality
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.