South Africa Case Law

Muza and Another v Mokoena and Others (31542/2023)

Muza and Another v Mokoena and Others (31542/2023) [2025] ZAGPPHC 585 (3 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

31542/2023

Judge

N V Khumalo

The court found that the applicants failed to prove the existence of a valid sale agreement for the property, as any sale of immovable property must be in writing and signed by the parties in terms of the Alienation of Land Act. The alleged oral agreement was invalid and unenforceable. The first respondent and her deceased husband held only a leasehold interest at the time of the purported sale and could not lawfully sell or transfer ownership. The applicant, being a foreign national, was ineligible for subsidised housing ownership under the applicable scheme. The improvements made by the app…

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• Alienation Of Land Act
• Housing Subsidy Eligibility
• Title Deed Cancellation
• Oral Sale Of Immovable Property
• Municipal Housing Disputes
• Plaascon Evans Rule

South African Roadies Association v National Arts Councils of South Africa and Others (2023/076030)

South African Roadies Association v National Arts Councils of South Africa and Others (2023/076030) [2024] ZAGPJHC 936 (20 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/076030

Judge

A Maier-Frawley

The court found that the NAC had complied with the remedial directives issued by the Public Protector by providing letters of apology, cogent reasons for the rejection of the funding application, and amending the Expired Projects and Unclaimed Funds Policy. The reasons provided by the NAC were found to be clear and coherent, satisfying the requirement for cogency, even if the applicant disagreed with their substance. The applicant's challenge to the validity of the NAC's funding policy and the merits of the funding decision was held to be an impermissible attempt at a belated review, which sh…

Source excerpt

• Public Protector Remedial Action
• Reasons For Administrative Action
• Policy Compliance
• Judicial Review
• Plaascon Evans Rule

Moyane v National Director of Public Prosecutions (A108/19)

Moyane v National Director of Public Prosecutions (A108/19) [2020] ZAGPPHC 626 (20 October 2020)

Court

North Gauteng High Court, Pretoria

Case number

A108/19

Judges

Louw, Jordaan AJ, Fisher J

The High Court overturned a POCA forfeiture order over a Volkswagen Scirocco, finding the NDPP had not proved the vehicle was proceeds of unlawful activity on the papers.

• Asset Forfeiture
• Money Laundering
• Burden Of Proof
• Plaascon Evans Rule
• Innocent Owner Defence
• Asset-forfeiture

Lindicento Proprietary Limited and Others v Lakeside City Trading 286 (Pty) Ltd (31459/2018)

Lindicento Proprietary Limited and Others v Lakeside City Trading 286 (Pty) Ltd (31459/2018) [2020] ZAGPPHC 506 (14 September 2020)

Court

North Gauteng High Court, Pretoria

Case number

31459/2018

Judge

Maumela

The High Court dismissed an application for leave to appeal, holding that the applicants had not shown reasonable prospects of success under section 17(1).

• Leave To Appeal Standard
• Ostensible Authority
• Fraudulent Transfer
• Plaascon Evans Rule
• Non Joinder
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