South Africa Case Law

Mankuroane and Others v Buti and Others (M164/23)

Mankuroane and Others v Buti and Others (M164/23) [2025] ZANWHC 118 (15 July 2025)

Court

North West High Court, Mafikeng

Case number

M164/23

Judge

A Reddy

The court found that the applicants, as the Paramount Chief, Traditional Council, and registered cooperative, have locus standi as persons in charge and lawful custodians of the land under both statutory and customary law. The respondents are unlawful occupiers, having no permission or legal right to occupy the land, and have continued their occupation despite previous court orders. The applicants failed to serve the required PIE notice on the third and fourth respondents, rendering the application against them fatally defective. The remaining respondents have not raised a valid defence, and…

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• Prevention Of Illegal Eviction Act
• Customary Land Rights
• Locus Standi
• Just And Equitable Eviction
• Municipal Services
• Public Interest Litigation

Sangoni v Tshemese (CA&R21/18)

Sangoni v Tshemese (CA&R21/18) [2018] ZAECMHC 53 (21 August 2018)

Court

Eastern Cape High Court, Mthatha

Case number

CA&R21/18

Judges

J D Huisamen, R E Griffiths

The court found that the appellant failed to establish locus standi or legal authority over the respondent's allotment. The respondent was deemed an occupier under the Extension of Security of Tenure Act, with a certificate of tenure issued by the Transkei Government. There was an established practice of home burials in the locality, and the respondent's cultural and religious rights to bury his daughter at home were protected under both the Tenure Act and the Constitution. The appellant did not demonstrate a clear right, irreparable harm, or absence of alternative remedies required for a fin…

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• Extension Of Security Of Tenure Act
• Customary Land Rights
• Burial Rights
• Interdict Requirements
• Locus Standi
• Bill Of Rights Cultural Rights

Maloko and Another v Mosimane and Others (1843/2011)

Maloko and Another v Mosimane and Others (1843/2011) [2013] ZANWHC 8 (31 January 2013)

Court

North West High Court, Mafikeng

Case number

1843/2011

Judge

Gura

The court held that the tribal land sale was void for lack of Traditional Council approval, but refused eviction and ordered each party to pay its own costs.

• Customary Land Rights
• Invalid Sale Agreement
• Traditional Council Authority
• Eviction
• Unenforceable Contract
• Tribal Land Disposal

Ingonyama Trust v Radebe and Others (9403/2009)

Ingonyama Trust v Radebe and Others (9403/2009) [2012] ZAKZPHC 2; [2012] 2 All SA 212 (KZP) (25 January 2012)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

9403/2009

Judge

Madondo

The court dismissed a broad declarator sought by the Ingonyama Trust, but confirmed interdicts against the first and second respondents over the disputed land.

• Ingonyama Trust Act
• Customary Land Rights
• Declaratory Relief
• Jurisdiction Of Traditional Authorities
• Title Deed Endorsement
• Ingonyama-trust