South Africa Case Law

Maoba v Mohono and Others (286/2021)

Maoba v Mohono and Others (286/2021) [2022] ZAFSHC 73 (20 January 2022)

Court

Free State High Court, Bloemfontein

Case number

286/2021

Judge

Mzana AJ

The court found that the applicant failed to provide any written agreement or documentation authorising Mr Sekete to sell the property on behalf of the municipality. The purported sale did not comply with the formalities required by the Alienation of Land Act, rendering it void and unenforceable. The applicant did not purchase the property from the lawful owner and did not ensure registration of the deed of transfer in his name. Payment of rates and taxes does not confer ownership. Consequently, the applicant has no legal right to claim ownership or compel transfer of the property. The applic…

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• Alienation Of Land Act
• Formalities Of Sale Of Land
• Void Contract
• Transfer Of Property
• Title Deeds

Gibbs and Another v Vantyi and Others (2555/07)

Gibbs and Another v Vantyi and Others (2555/07) [2009] ZAECPEHC 23; 2010 (2) SA 606 (ECP) (25 May 2009)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2555/07

Judge

J C H Jansen

The court found that the process contemplated by Clause 28 of the Conditions of Sale, which allowed for private bargaining and improved offers after the public auction, was distinct from the public auction itself. The oral agreement reached on 19 September 2005 was not concluded at a public auction as required by section 3(1) of the Alienation of Land Act. Therefore, the agreement was subject to section 2(1), which requires that agreements for the sale of land be in writing. As the agreement was not reduced to writing, it was invalid. Consequently, the plaintiffs were entitled to repayment of…

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• Alienation Of Land Act
• Formalities Of Sale Of Land
• Public Auction
• Oral Agreement
• Right Of First Refusal

Mills NO v Hoosen (A5007/07)

Mills NO v Hoosen (A5007/07) [2008] ZAGPHC 439; 2010 (2) SA 316 (W) (19 December 2008)

Court

High Courts - Gauteng

Case number

A5007/07

Judges

T M Masipa, P Boruchowitz, C G Lamont

The High Court held that a land sale agreement was invalid because the true seller was not identified on the face of the document as required by statute.

• Alienation Of Land Act
• Formalities Of Sale Of Land
• Agency In Property Transactions
• Incorporation By Reference
• Alienation-of-land-act
• Sale-of-land-formalities

Fairoaks Investment Holdings (Pty) Ltd. and Another v Oliver and Others (268/07)

Fairoaks Investment Holdings (Pty) Ltd. and Another v Oliver and Others (268/07) [2008] ZASCA 41; [2008] 3 All SA 365 (SCA); 2008 (4) SA 302 (SCA) (28 March 2008)

Court

Supreme Court of Appeal

Case number

268/07

Judges

Streicher, Mthiyane, Ponnan, Hurt, Kgomo

The Supreme Court of Appeal held that the agreement of sale had lapsed due to the non-fulfilment of a suspensive condition and that the parties' subsequent correspondence amounted to an attempt to revive the agreement with material amendments. Such revival constituted a new agreement of sale, which, in terms of section 2(1) of the Alienation of Land Act, required compliance with statutory formalities. The revived agreement did not comply with these formalities, as the correspondence was not signed by the parties or their duly authorised agents. Furthermore, the lapsing of the agreement did no…

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• Alienation Of Land Act
• Suspensive Conditions
• Formalities Of Sale Of Land
• Waiver
• Revival Of Contract
• Exceptions To Pleadings

Fraser and Another v Viljoen (621/06)

Fraser and Another v Viljoen (621/06) [2008] ZASCA 24; 2008 (4) SA 106 (SCA); [2008] 3 All SA 233 (SCA) (27 March 2008)

Court

Supreme Court of Appeal

Case number

621/06

Judges

Scott, Cameron, Mthiyane, Combrinck, Cachalia

The Supreme Court of Appeal held that the contract for the sale of immovable property was void for non-compliance with section 2(1) of the Alienation of Land Act. The document delivered to the appellants by the respondent did not contain the names of the purchasers or a description of the property, both of which are material terms. The court rejected the argument that one contracting party may authorise the other to insert such terms after signature, as this would undermine the certainty and purpose of the statute. The object of the legislation is to prevent disputes, fraud, and uncertainty b…

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• Alienation Of Land Act
• Formalities Of Sale Of Land
• Written Contracts
• Statute Of Frauds
• Specific Performance

Khumalo v Director-General of Co-Operation and Development and Others (400/1989)

Khumalo v Director-General of Co-Operation and Development and Others (400/1989) [1990] ZASCA 118; 1991 (1) SA 158 (AD); [1991] 1 All SA 297 (A) (28 September 1990)

Court

Supreme Court of Appeal

Case number

400/1989

Judges

Van Heerden, Milne, Eksteen, Nicholas, Nienaber

The Supreme Court of Appeal held that regulation 9 of Proclamation R 293 of 1962, being a special enactment applicable to certain areas, was not impliedly repealed by the general provisions of Act 71 of 1969. The presumption against implied repeal applies, and there was no clear legislative intention to repeal the regulation. Therefore, an oral sale of property in the area covered by regulation 9 would not be invalid merely for lack of written form. However, due to unresolved factual disputes regarding whether an oral agreement was actually concluded, and in light of the respondent's allegati…

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• Formalities Of Sale Of Land
• Oral Contracts
• Special Vs General Legislation
• Motion Proceedings
• Adjournment For Oral Evidence