South Africa Case Law

8 Mile Investments 120 (Pty) Limited v City of Ekurhuleni Metropolitan Municipality and Another (098237/2023)

8 Mile Investments 120 (Pty) Limited v City of Ekurhuleni Metropolitan Municipality and Another (098237/2023) [2025] ZAGPJHC 169 (21 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

098237/2023

Judge

WJ du Plessis

The High Court refused a postponement and enforced a prior municipal resolution requiring transfer of property to the applicant, with attorney-and-client costs.

• Municipal Property Transfer
• Specific Performance
• Enforcement Of Court Orders
• Punitive Costs
• Sale Of Land
• Municipal-property-transfer

Pretoria Education Centre CC v City of Tswane Metropolitan Municipality and Another (008172/2022)

Pretoria Education Centre CC v City of Tswane Metropolitan Municipality and Another (008172/2022) [2025] ZAGPPHC 58 (28 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

008172/2022

Judge

T E Joyini

The High Court ordered Tshwane to sign transfer documents for properties sold to Pretoria Educational Centre CC and awarded attorney-and-client costs.

• Mandamus
• Contempt Of Court
• Municipal Property Transfer
• Specific Performance
• Municipal Finance Management Act
• Costs Order

Granor Passi (Pty) Ltd v Polokwane Local Municipality and Another (62169/2015)

Granor Passi (Pty) Ltd v Polokwane Local Municipality and Another (62169/2015) [2017] ZAGPPHC 300 (29 June 2017)

Court

North Gauteng High Court, Pretoria

Case number

62169/2015

Judge

Thobane

The court reviewed a municipality’s refusal to transfer land sold decades earlier, finding the sale and payment sufficiently proved and the refusal irrational.

• Municipal Property Transfer
• Promotion Of Administrative Justice Act
• Prescription Of Debt
• Legitimate Expectation
• Compliance With Statutory Requirements
• Review Of Administrative Action

Mahlaba N.O v Greater Tzaneen Municipality (142/2016)

Mahlaba N.O v Greater Tzaneen Municipality (142/2016) [2016] ZALMPPHC 4 (24 June 2016)

Court

Limpopo High Court, Polokwane

Case number

142/2016

Judge

M Madima

The court found that the applicant failed to establish locus standi to bring the application on behalf of the Nkuna Traditional Council, as there was no evidence of authorisation by the council. The omission to cite the applicant in both personal and representative capacities was deemed fatal and could not be remedied at this stage. The court further held that the failure to join certain state institutions was not fatal, as their interest in the matter was not direct and substantial. Consequently, the application was struck off the roll with costs.

Source excerpt

• Locus Standi
• Non Joinder
• Alienation Of Land
• Municipal Property Transfer

Abdul and Another v Jacobs and Others (A542/12)

Abdul and Another v Jacobs and Others (A542/12) [2014] ZAGPPHC 190 (19 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

A542/12

Judges

Moseamo, Fabricius, Kganyago

The High Court dismissed an appeal seeking cancellation of a title deed and a new hearing over ownership of Erf 486 Geluksdal Township.

• Transfer Of Ownership
• Title Deed Cancellation
• Joinder Of Parties
• Municipal Property Transfer
• Abstract Theory Of Ownership
• Transfer-of-ownership