South Africa Case Law

Matjila v The State (A642/2017)

Matjila v The State (A642/2017) [2022] ZAGPPHC 602 (11 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

A642/2017

Judge

du Plessis

The court held that the applicant's right to occupy and protect the family home, rooted in a family rights agreement and supported by administrative findings, must be recognised and protected. The common law model of individual ownership is insufficient to address the realities of family homes in South Africa, especially where customary law and administrative processes have conferred collective rights. The Constitution obliges the development of property law to accommodate such rights and to promote security of tenure. The Registrar of Deeds is ordered to transfer the property to the applican…

Source excerpt

• Conversion Of Land Tenure Rights
• Customary Law Property Rights
• Family Home Agreements
• Deeds Registries Act
• Security Of Tenure
• Section 25 Constitution

Shomang v Motsose N.O. and Others (6990/2022)

Shomang v Motsose N.O. and Others (6990/2022) [2022] ZAGPPHC 441; 2022 (5) SA 602 (GP) (24 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

6990/2022

Judge

du Plessis

Court protected a family-home arrangement, ordering transfer to the applicant as custodian and barring alienation pending transfer.

• Customary Law Property Rights
• Security Of Tenure
• Section 25 Constitution
• Family Home Agreements
• Deeds Registries Act
• Intestate Succession