Norman Ndongeni v Thembisa Ndongeni and 3 Others (CA28/23)
Norman Ndongeni v Thembisa Ndongeni and 3 Others (CA28/23) [2024] ZAECMHC 8 (30 January 2024)
The majority held that the appellant's PTO, issued by the competent authority and not set aside by a court, confers exclusive occupational rights to the property. The first respondent's failure to serve the counter-application on the third respondent and to invoke administrative review under PAJA was fatal to her challenge of the PTO's validity. The property was not registered in the mother's name, nor was it allotted to her, and the PTO did not extend occupational rights to siblings. The first respondent's claim to the property as a common home did not override the appellant's rights under t…
Source excerpt
- Permission To Occupy
- Eviction Under Pie Act
- Administrative Review
- Family Home Rights
- Old Order Legislation
- Customary Law Tenure