South Africa Case Law

Kgasi v Vilane and Another (23667/2015)

Kgasi v Vilane and Another (23667/2015) [2024] ZAGPJHC 708 (1 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

23667/2015

Judge

WJ du Plessis

The court found that the leasehold rights held by Mr Vilane and the deceased were lawfully upgraded to ownership under the ULTRA, not under s 2 of the Conversion Act. Regulation 7 permits, such as the original green book held by Bertha, do not trigger the inquiry process under the Conversion Act, and the subsequent leasehold and ownership rights were acquired through statutory upgrading, not by administrative decision subject to review. The Gauteng Housing Act authorises adjudication of disputes but does not require an inquiry prior to upgrading. As there was no reviewable administrative deci…

Source excerpt

• Conversion Of Tenure
• Leasehold Rights
• Ultra Upgrade
• Administrative Review
• Family Home Claims

Masilela and Another v Masilela and Others (70305/2018)

Masilela and Another v Masilela and Others (70305/2018) [2024] ZAGPPHC 16 (15 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

70305/2018

Judge

S Potterill

The High Court rescinded an eviction order and set aside a disputed property transfer, finding the applicants retained occupation rights under a 99-year leasehold.

• Eviction Order Rescission
• Leasehold Rights
• Transfer Of Property
• Locus Standi
• Condonation
• Unlawful Registration

Unlawful Occupiers of ERF [2...] [V...] v Kganyago and Another (A5016/2014)

Unlawful Occupiers of ERF [2...] [V...] v Kganyago and Another (A5016/2014) [2016] ZAGPJHC 46 (31 March 2016)

Court

South Gauteng High Court, Johannesburg

Case number

A5016/2014

Judges

Satchwell, Wepener, Windell

High Court appeal against an eviction order dismissed. The court held the appellants’ leasehold had been lawfully terminated and the municipality need not be joined.

• Eviction Proceedings
• Joinder Of Municipality
• Leasehold Rights
• Sale In Execution
• Rule 17 Non Compliance
• Eviction-proceedings

Department: Rural Development & Land Reform and Another v Jacobs N.O. and Another (9774/2013)

Department: Rural Development & Land Reform and Another v Jacobs N.O. and Another (9774/2013) [2014] ZAGPPHC 961 (28 November 2014)

Court

North Gauteng High Court, Pretoria

Case number

9774/2013

Judge

A LC M Lephoko

The High Court confirmed a registered right of way servitude over a farm, held the lessee had standing, and granted a final interdict restoring access.

• Right Of Way Servitude
• Interdict
• Locus Standi
• Administration Of Oaths
• Leasehold Rights
• Right-of-way-servitude