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Mahlaba v Dihlabeng Local Municipality and Others (779/2021) [2023] ZAFSHC 490 (21 December 2023)
The High Court held that a 2001 sworn affidavit constituted a valid donation of property, and found the applicant entitled to transfer, but not a present ownership declaration.
Scholtz v Scholtz (209/2011) [2012] ZASCA 9; 2012 (5) SA 230 (SCA); [2012] 2 All SA 553 (SCA) (14 March 2012)
The Supreme Court of Appeal held that the absence of an explicit term regarding liability for the mortgage bond in the deed of donation does not automatically render the donation agreement invalid under s 5 of the General Law Amendment Act 50 of 1956. The court found that material terms may be incorporated by proper interpretation of the express terms or by way of tacit terms, which are considered part of the written agreement. The respondent's defence failed because he did not establish that the omission of the bond liability term rendered the agreement void ab initio. The court set aside th…
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