South Africa Case Law

Nwandlamhari Communal Property Association v Matebula and Others (A265/2020)

Nwandlamhari Communal Property Association v Matebula and Others (A265/2020) [2024] ZAGPPHC 588 (28 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

A265/2020

Judges

Kubushi, Kooverjie, Mooki

The High Court upheld an appeal by a communal property association, setting aside vague and unsupported orders about documents, funds, and the Director-General’s directions.

• Communal Property Association Act
• Court Order Enforceability
• Beneficiary Verification
• Maladministration
• Director General Powers
• Communal-property-association-act

Mndiyata and Others v Umgungundlovu CPA and Others (1606/20)

Mndiyata and Others v Umgungundlovu CPA and Others (1606/20) [2021] ZAECMHC 6 (28 January 2021)

Court

Eastern Cape High Court, Mthatha

Case number

1606/20

Judge

Coltman

The court found that the applicants failed to establish a prima facie right to the interim relief sought, as their case relied almost exclusively on the mediation report, which is not binding on the Director-General under the Communal Property Associations Act. The applicants did not provide independent evidence of maladministration or improper conduct by the committee. The respondents demonstrated that robust financial controls were in place and that the applicants represented only a small minority of the community. The court held that the balance of convenience favoured allowing the Directo…

Source excerpt

• Communal Property Association Act
• Interim Interdict
• Administration Of Community Property
• Director General Powers
• Mediation And Conciliation
• Urgent Application Requirements