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South Africa decisions
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Mamokebe Investments (Pty) Ltd v Minister of Mineral and Energy and Others (2025/036849) [2025] ZAGPPHC 414 (22 April 2025)
The High Court dismissed an urgent bid to stop a mining-right transfer, finding the matter premature because ministerial consent had not yet been decided.
Essack N.O v Thangavelu (AR358/2023; 9022/2007) [2025] ZAKZPHC 8 (26 January 2025)
The appellant failed to prove that he acquired the right of exclusive use of parking bay 20 within the legal framework of section 27 of the Sectional Titles Act. The evidence did not establish that Mr Westbrook had title to the parking bay when he purported to sell it to the appellant, nor that any error occurred in the conveyancing process or at the Registrar of Deeds that prevented the cession. The right of exclusive use was never transferred to Mr Westbrook or the appellant by notarial deed, and the appellant did not allege acquisition by means of the rules of the body corporate. The court…
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Julovista (Pty) Ltd v Hoshoza Resources Vryheid (Pty) Ltd (2024/080004) [2024] ZAGPPHC 999 (2 October 2024)
The High Court dismissed Julovista’s application for leave to appeal against an interdict stopping mining operations, finding no factual dispute, no merit, and no general legal importance.
Van Rensburg and Another v Koekemoer and Others (2006/28207) [2010] ZAGPJHC 91; 2011 (1) SA 118 (GSJ) (11 October 2010)
The court held that an oral agreement granting a personal servitude of habitatio over immovable property is unenforceable as it contravenes the writing requirements of section 2(1) of the Alienation of Land Act 68 of 1981. The applicants' reliance on an oral agreement, whether interpreted as a servitude or as a donation of a right of residence, fails to meet the statutory formalities and is thus of no force or effect. The proposed amendment to the particulars of claim does not cure this defect, as it remains reliant on the oral agreement. The exception to the amended particulars of claim is a…
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Nader v Grobler (4692/05) [2006] ZAGPHC 177 (26 April 2006)
The High Court dismissed an application to declare and register a usufruct over a house, finding material disputes of fact and no relief on motion.
Wiseman v De Pinna and Others (126/85) [1985] ZASCA 100; [1986] 1 All SA 341 (A) (25 September 1985)
The Supreme Court of Appeal held that the agreement of 3 November 1980 was not a 'lease of rights to minerals in land' within the meaning of section 3(1) of the General Law Amendment Act 50 of 1956. The Court reasoned that the technical legal meaning of 'lease of rights to minerals' refers to mineral leases as understood in common law and historical statutes, not to leases of claim licences granted under mining legislation. The omission of any reference to leases of claims in section 3(1), as opposed to earlier statutes, indicated a legislative intent to exclude such agreements from the forma…
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