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South Africa decisions
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Mandeni Municipality v Independent Ethiopian Church of South Africa and Another (10273/2015) [2025] ZAKZDHC 36 (4 June 2025)
Leave to appeal was dismissed because the municipality failed to show a right to evict from either property and its bias allegations were unsubstantiated.
Mpheleng Communal Property Association v Kgoshigadi Mathebe of Bantwane Traditional Community and Others (LCC03/2021B) [2025] ZALCC 24 (3 June 2025)
The court found that not all respondents were bound by the original court order, as some were not cited parties. The Bantwana Traditional Council, as a collective entity, cannot be held in contempt without identifying a specific individual responsible for wilful disobedience. The process of registering the PTO in Mr Aphane's name, following a sale, constituted a fresh allocation of land rights and fell within the scope of the interdict. However, the respondents did not act mala fide, as they genuinely believed their conduct was lawful and outside the ambit of the order. The meaning of 'alloca…
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Maboe v Zion Christian Church (Appeal) (HCA30/2024) [2025] ZALMPPHC 98 (15 May 2025)
The High Court dismissed an appeal against an eviction order, holding that PIE did not apply because the property was used for a lodge, not residential occupation.
Feni v Khungekile (CA&R 18/2022) [2025] ZAECBHC 4 (22 January 2025)
Appeal over interdictory relief regarding rural property and fencing failed; the court reinstated the lapsed appeal but dismissed it with costs.
Department of Economic Development and Environment Affairs v Boyana and Another (5123/2022) [2024] ZAECMHC 20 (23 April 2024)
The applicant established that the land in question falls within the protected coastal conservation area as defined by Decree 9 of 1992. The respondent failed to produce a valid permission to occupy or evidence of a lawful transfer of rights under Proclamation 26 of 1936. The affidavits and supporting documents provided by the respondent were insufficient, lacking confirmation from the Department of Agriculture or proper registration. The respondent's constitutional arguments were not properly pleaded and cannot be sustained. The applicant demonstrated a clear right to protect the conservatio…
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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…
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Blaines Property (Pty) Ltd and Others v Macevele and Others (045/2021) [2023] ZALMPTHC 14 (12 December 2023)
The High Court held that the applicants’ PTO was valid, the respondent’s PTO was invalid, and ordered ejectment from portion 9 of Farm Plange 221-LT.
Mhlaba and Others v Dywili (CA95/2022) [2023] ZAECMHC 46 (5 September 2023)
The High Court upheld an appeal in an eviction dispute, finding a genuine unresolved dispute of fact about whether the land was allotment 47 or 26.
Akanmbi v Mavusi N.O and Others (1347/2022) [2023] ZAMPMHC 3 (19 January 2023)
The High Court reviewed and set aside a magistrate's order that condoned non-joinder and referred a land dispute to oral evidence.
Raphahlela v Ramolotja and Others (4545/2022) [2023] ZALMPPHC 3 (18 January 2023)
The High Court upheld a non-joinder objection in a land dispute and stayed the proceedings pending joinder of Tshifulu Mining (Pty) Ltd.
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