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South Africa decisions
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Sono and Another v City of Tshwane Metropolitan Municipality and Another (099668/2023) [2024] ZAGPPHC 177 (27 February 2024)
The High Court dismissed an urgent spoliation application after finding the applicants had not proven peaceful possession of the demolished structures.
Nano and Another v Mosima and Others (53521/15) [2017] ZAGPPHC 163 (8 February 2017)
The court found that both the Deed of Sale and the Memorandum of Agreement were void ab initio due to statutory prohibitions under the Agricultural Holdings (Transvaal) Registration Act and non-compliance with section 2(1) of the Alienation of Land Act. The agreements failed to meet statutory formalities, including proper identification of parties and a clear description of the property. As a result, the contracts were unenforceable and conferred no rights of action. The applicants, having performed under the void agreements, were entitled to recover the net difference between their payments…
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Minister of the National Department of Rural Development & Land Reform v Tsuputse and Others (4127/2015) [2015] ZAKZDHC 35; 2015 (5) SA 537 (KZD) (28 April 2015)
The court held that it had concurrent jurisdiction over an eviction matter concerning land in Matatiele, despite the area now falling within the Eastern Cape.
Coetzee v Communicare and Others (21243/2011) [2012] ZAWCHC 249 (13 December 2012)
The court found that the eviction of the applicant on 12 October 2011 was unlawful, as it was executed without proper judicial oversight and not in accordance with the procedures prescribed by PIE. Although Communicare obtained an eviction order in April 2009, it subsequently permitted the applicant to remain in occupation and accepted payments, thereby granting consent and rendering the occupation lawful. The decision to evict was made arbitrarily by an agent of the landlord rather than by a court, violating the applicant’s constitutionally protected right to housing. The court held that any…
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Berlein and Another v Seiti (11237/09) [2009] ZAKZDHC 77 (2 October 2009)
The applicants, as registered owners, lawfully terminated the lease agreement by giving the respondent two months' written notice in accordance with the Extended Lease Agreement. The notice to vacate was clear and unequivocal, satisfying the requirements for termination. The respondent failed to vacate the property after expiry of the notice period and has no further right to occupy. The respondent's arguments regarding the form and content of the notice are without merit, as the law requires only clear communication of intention to terminate, not specific wording. The respondent is therefore…
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