South Africa Case Law

Govan Mbeki Local Municipality v Glencore Operations South Africa (Pty) Ltd and Others; Emalahleni Local Municipality v Glencore Operations South Africa (Pty) Ltd and Others (CCT 189/22; CCT 191/22)

Govan Mbeki Local Municipality v Glencore Operations South Africa (Pty) Ltd and Others; Emalahleni Local Municipality v Glencore Operations South Africa (Pty) Ltd and Others (CCT 189/22; CCT 191/22) [2024] ZACC 25; 2025 (2) BCLR 111 (CC); 2025 (2) SA 238 (CC) (19 November 2024)

Court

Constitutional Court

Case number

CCT 189/22; CCT 191/22

Judges

Chaskalson AJ, Dodson AJ, Kollapen J, Mathopo J, Mhlantla J, Rogers J, Schippers AJ, Tshiqi J

The Constitutional Court held that the impugned by-laws, which imposed transfer embargoes as enforcement mechanisms for municipal planning and building regulation, were inconsistent with the Constitution and invalid. The Court found no constitutional or legislative source for the power of municipalities to make by-laws regulating deeds registration and property transfer beyond the scope contemplated by section 53 of SPLUMA and section 118(1) of the Systems Act. The by-laws unlawfully encroached on the national competence over deeds registration, and their operation conflicted with the statuto…

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• Municipal Planning
• By Law Validity
• Arbitrary Deprivation Of Property
• Delegated Powers
• Deeds Registration
• Rates Clearance Certificates

Widside Investments CC v Mbayi and Others (D5570/2024)

Widside Investments CC v Mbayi and Others (D5570/2024) [2024] ZAKZDHC 97 (29 October 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D5570/2024

Judge

Gwagwa AJ

The court found that the sale agreement was invalid as the purchaser's electronic signature did not comply with section 2(1) of the Alienation of Land Act and section 4(4) of the Electronic Communications and Transactions Act, which expressly excludes electronic signatures for agreements of sale of immovable property. The applicant had validly cancelled the agreement due to the purchaser's non-compliance with material terms and communicated such cancellation through correspondence. The first respondent did not oppose the application, and the second respondent's opposition was without mandate.…

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• Alienation Of Land Act
• Electronic Signatures
• Contract Cancellation
• Interdict
• Deeds Registration

Matshwene N.O and Another v ABSA Bank Limited and Others (18797/2021)

Matshwene N.O and Another v ABSA Bank Limited and Others (18797/2021) [2024] ZAGPPHC 864 (27 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

18797/2021

Judge

Gwala AJ

The court set aside documents used in a fraudulent reverse mortgage scheme, held that ownership never passed from the Babirwa Trust, and ordered re-registration of the property.

• Fraudulent Transfer Of Property
• Vindicatory Relief
• Abstract Theory Of Ownership
• Deeds Registration
• Trust Property
• Setting Aside Fraudulent Documents

Govan Mbeki Local Municipality and Another v Glencore Operations South Africa (Pty) Ltd and Others (334/2021;338/2021)

Govan Mbeki Local Municipality and Another v Glencore Operations South Africa (Pty) Ltd and Others (334/2021;338/2021) [2022] ZASCA 93; [2022] 3 All SA 675 (SCA); 2022 (6) SA 106 (SCA) (17 June 2022)

Court

Supreme Court of Appeal

Case number

334/2021;338/2021

Judges

Maya, Dambuza, Plasket, Musi, Salie-Hlophe

The Supreme Court of Appeal held that the impugned municipal by-laws, which imposed an embargo on the registration of transfer of immovable property unless certain municipal requirements were met, exceeded the legislative competence of municipalities under s 156 of the Constitution. The by-laws regulated the transfer and registration of property, a function reserved for national government and governed by the Deeds Registries Act and national legislation. The court found that the by-laws were not authorised by the SPLUMA or the Systems Act, and that they conflicted with s 118 of the Systems A…

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• Municipal Legislative Competence
• Arbitrary Deprivation Of Property
• Spatial Planning And Land Use Management
• By Law Validity
• Conflict With National Legislation
• Deeds Registration

Madiba and Others v First National Bank Limited and Others (58290/2014)

Madiba and Others v First National Bank Limited and Others (58290/2014) [2016] ZAGPPHC 1146 (26 October 2016)

Court

North Gauteng High Court, Pretoria

Case number

58290/2014

Judge

Tuchten

The High Court granted absolution from the instance against the Madiba applicants, finding no identified dispute with a named respondent over their occupation.

• Deeds Registration
• Eviction Proceedings
• Absolution From The Instance
• Section 26 Bill Of Rights
• Absolution-from-the-instance
• Property-law

Western Cape Provincial Government and Others In Re: DVB Behuising (Pty) Limited v North West Provincial Government and Another (CCT22/99)

Western Cape Provincial Government and Others In Re: DVB Behuising (Pty) Limited v North West Provincial Government and Another (CCT22/99) [2000] ZACC 2; 2000 (4) BCLR 347; 2001 (1) SA 500 (2 March 2000)

Court

Constitutional Court

Case number

CCT22/99

Judge

Ngcobo

The Constitutional Court held that the North West Provincial Legislature was constitutionally entitled to repeal the Proclamation, except for regulations 1 and 3 of Chapter 1 and Chapter 9, which dealt with deeds registration and required uniform national norms and standards. These registration provisions did not meet the criteria for assignment to the province and thus remained national competences. The tenure provisions, although not expressly listed in Schedule 6, were inextricably linked to the planning, regulation, and control of settlements and thus fell within the provincial legislativ…

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• Provincial Legislative Competence
• Assignment Of Old Order Laws
• Repeal Of Apartheid Legislation
• Land Tenure
• Deeds Registration

Nach Investments (Pty) Ltd v Yaldai Investments (Pty) Ltd. and Another (28/86)

Nach Investments (Pty) Ltd v Yaldai Investments (Pty) Ltd. and Another (28/86) [1987] ZASCA 25; [1987] 2 All SA 154 (A) (26 March 1987)

Court

Supreme Court of Appeal

Case number

28/86

Judges

Joubert, Hoexter, Hefer, Smalberger, Kumleben

The court held that the servitude was valid and enforceable. The addendum to the deed of sale reserved a right of way over erf 158, with the route to be determined by agreement. This did not render the servitude void for vagueness, as the determination of the route was not essential to the constitution of a general right of way. The parties intended to create a general servitude, which could be exercised along a reasonable route until a specific route was agreed upon. The court applied the principle that, where possible, contracts should be interpreted to give them effect rather than render t…

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• Servitude Right Of Way
• Contractual Certainty
• Deeds Registration
• Interpretation Of Contracts