South Africa Case Law

Smith and Others v Stellenbosch Municipality and Others (18381/2022)

Smith and Others v Stellenbosch Municipality and Others (18381/2022) [2022] ZAWCHC 134 (11 July 2022)

Court

Western Cape High Court, Cape Town

Case number

18381/2022

Judge

Binns-Ward

The court held that the Stellenbosch Municipality's decision to accept the donation of land from the Trust was an exercise of executive power, not administrative action, and therefore not subject to review under PAJA. There was no statutory or constitutional requirement for public consultation prior to accepting the donation, and the council meeting was properly held in committee. The Trust's resolution to donate the land was invalid as it was adopted without proper notice to all trustees, lacked quorum, and was not authorised by the Master as required by the Trust Property Control Act and th…

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• Promotion Of Administrative Justice Act
• Municipal Powers And Duties
• Donation Of Land
• Counter Spoliation
• Unlawful Eviction
• Trustees Fiduciary Duties

Maluti-a-Phofung Municipality v Bibi Cash & Cash Supermarket (Pty) Ltd and Others (688/2017)

Maluti-a-Phofung Municipality v Bibi Cash & Cash Supermarket (Pty) Ltd and Others (688/2017) [2019] ZAFSHC 90 (6 June 2019)

Court

Free State High Court, Bloemfontein

Case number

688/2017

Judge

MH Rampai

The court found that the plaintiff had crossed the threshold of evidence required to survive an application for absolution from the instance. The properties in dispute were lawfully transferred and registered in the plaintiff's name, and such registration remains valid and extant until cancelled by a competent court order. The defendants failed to produce sufficient evidence or administrative records to substantiate their claim to ownership or to challenge the plaintiff's registered title. The principle that registered deeds cannot be cancelled except by court order was reaffirmed, and the ac…

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• Absolution From The Instance
• Registered Title
• Deeds Registries Act
• Ownership Dispute
• Donation Of Land
• Land Tenure Rights

Thessalonicense Sendingskerk van Christus in S.A v De Kock en Ander (7729/2007)

Thessalonicense Sendingskerk van Christus in S.A v De Kock en Ander (7729/2007) [2010] ZAWCHC 540 (10 November 2010)

Court

Western Cape High Court, Cape Town

Case number

7729/2007

Judge

Bozalek

The court granted a rule nisi over a donated property, finding the applicant had shown on the papers that the deed of donation was valid and no oral evidence was needed.

• Transfer Of Property
• Donation Of Land
• Title Deeds
• Locus Standi
• Affidavit Requirements
• Property-donation