South Africa Case Law

Minister of Rural Development and Land Reform and Another v Shah and Others (LCC93/2014 ; LCC180/2014)

Minister of Rural Development and Land Reform and Another v Shah and Others (LCC93/2014 ; LCC180/2014) [2025] ZALCC 19 (9 May 2025)

Court

Land Claims Court

Case number

LCC93/2014 ; LCC180/2014

Judge

Ncube

The Land Court granted leave to appeal only on solatium and financial loss, but refused it on the valuation issue in a land restitution compensation dispute.

• Expropriation Act
• Just And Equitable Compensation
• Solatium
• Financial Loss
• Section 25 Constitution
• Restitution Of Land Rights

NAD Property Income Fund (Pty) Ltd v South African National Roads Agency Limited (2137/2020)

NAD Property Income Fund (Pty) Ltd v South African National Roads Agency Limited (2137/2020) [2024] ZALMPPHC 92 (7 August 2024)

Court

Limpopo High Court, Polokwane

Case number

2137/2020

Judge

Diamond

The court found that both NAD and SANRAL raised issues of law and procedure that have not been authoritatively determined by the Supreme Court of Appeal, particularly regarding the calculation of 'actual financial loss' in expropriation and the deviation from the statutory costs formula. The court held that these matters are of sufficient importance and complexity to warrant appellate review. Accordingly, leave to appeal was granted to NAD on the compensation determination and to SANRAL on the costs order, with costs of the application to be costs in the appeal.

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• Expropriation Act
• Compensation For Expropriation
• Costs Orders
• Section 25 Constitution
• Leave To Appeal
• Judicial Discretion

Vumazonke and Another v Rheeder and Others (835/2024)

Vumazonke and Another v Rheeder and Others (835/2024) [2024] ZAECELLC 35 (16 July 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

835/2024

Judge

A M Bodlani

The High Court granted an urgent interim interdict stopping transfer of a property pending a main application, and dismissed a strike-out application.

• Interim Interdict
• Sale Of Immovable Property
• Suspensive Conditions
• Fraudulent Misrepresentation
• Section 25 Constitution
• Urgent Relief

Shabangu v Senwamadi and Others (2020/12954)

Shabangu v Senwamadi and Others (2020/12954) [2024] ZAGPJHC 428 (2 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2020/12954

Judge

J J Meiring

The High Court granted an eviction order under PIE after finding the occupier had no valid defence, while allowing three months for relocation.

• Prevention Of Illegal Eviction Act
• Intestate Succession
• Just And Equitable Eviction
• Children And Vulnerable Occupiers
• Municipal Obligations
• Section 25 Constitution

Matjila v The State (A642/2017)

Matjila v The State (A642/2017) [2022] ZAGPPHC 602 (11 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

A642/2017

Judge

du Plessis

The court held that the applicant's right to occupy and protect the family home, rooted in a family rights agreement and supported by administrative findings, must be recognised and protected. The common law model of individual ownership is insufficient to address the realities of family homes in South Africa, especially where customary law and administrative processes have conferred collective rights. The Constitution obliges the development of property law to accommodate such rights and to promote security of tenure. The Registrar of Deeds is ordered to transfer the property to the applican…

Source excerpt

• Conversion Of Land Tenure Rights
• Customary Law Property Rights
• Family Home Agreements
• Deeds Registries Act
• Security Of Tenure
• Section 25 Constitution

Circle Properties (Pty) Ltd v Mashavana and Another (2021/13340)

Circle Properties (Pty) Ltd v Mashavana and Another (2021/13340) [2022] ZAGPJHC 385 (3 June 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2021/13340

Judge

Malindi

The court found that the respondent's defences were without merit. The alleged oral agreement was invalid due to the written non-variation clause in the lease. The dispute over arrear rental was irrelevant as payments made after cancellation were allocated to arrears, and the applicant was not seeking payment. The respondent failed to provide evidence of any vulnerability or inability to secure alternative accommodation. The COVID-19 regulations did not prohibit eviction but required the court to consider health risks, which the respondent did not allege would be negatively affected. The appl…

Source excerpt

• Prevention Of Illegal Eviction Act
• Lease Agreement
• Just And Equitable Eviction
• Covid19 Regulations
• Section 25 Constitution
• Arrear Rental

City of Ekurhuleni Metropolitan Municipality v Dunga and Another (2017/45283)

City of Ekurhuleni Metropolitan Municipality v Dunga and Another (2017/45283) [2022] ZAGPJHC 357 (26 May 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2017/45283

Judge

Moorcroft

The applicant is the lawful owner of the property and has demonstrated a need for the land to fulfil its municipal service delivery obligations. The respondents have not established any real or personal rights to the property, nor have they made firm offers to purchase or lease it. The court is satisfied that the applicant has placed all relevant facts before it and that the respondents, represented by counsel, had the opportunity to do likewise. There is no evidence of elderly, children, disabled persons, or female-headed households among the occupiers. The requirements of the Prevention of…

Source excerpt

• Prevention Of Illegal Eviction Act
• Municipal Land Ownership
• Just And Equitable Eviction
• Section 25 Constitution
• Service Delivery Obligations
• Unlawful Occupation

Shomang v Motsose N.O. and Others (6990/2022)

Shomang v Motsose N.O. and Others (6990/2022) [2022] ZAGPPHC 441; 2022 (5) SA 602 (GP) (24 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

6990/2022

Judge

du Plessis

Court protected a family-home arrangement, ordering transfer to the applicant as custodian and barring alienation pending transfer.

• Customary Law Property Rights
• Security Of Tenure
• Section 25 Constitution
• Family Home Agreements
• Deeds Registries Act
• Intestate Succession

Mphelelang Community Property Association v Mokwana and Others (LCC 31/2021)

Mphelelang Community Property Association v Mokwana and Others (LCC 31/2021) [2021] ZALCC 23 (1 October 2021)

Court

Land Claims Court

Case number

LCC 31/2021

Judge

Flatela L

The court found that the applicant, having lodged a valid land claim acknowledged by the Regional Land Claims Commissioner, is an interested party entitled to seek interim protection of its interest in the claimed land. Although the processing of the claim is interdicted due to the invalidation of the Amendment Act, the claim itself is not invalidated. The applicant demonstrated that the unlawful occupation and erection of structures by the respondents would defeat the object of the Restitution Act and prejudice the community if the claim succeeds. The requirements for an interim interdict un…

Source excerpt

• Restitution Of Land Rights
• Interim Interdict
• Section 25 Constitution
• Unlawful Occupation
• Locus Standi
• Land Claims Court Jurisdiction

Pricewaterhousecoopers Inc and Another v Minister of Finance and Another (25705/2019)

Pricewaterhousecoopers Inc and Another v Minister of Finance and Another (25705/2019) [2021] ZAGPPHC 38; 2021 (3) SA 213 (GP); 83 SATC 253 (2 February 2021)

Court

North Gauteng High Court, Pretoria

Case number

25705/2019

Judge

Kollapen

The court held that the constitutional challenge must be confined to section 39(7) of the VAT Act, which governs the remittal of interest. The legislative change in 2010 shifted the basis for remittal from loss to the fiscus to circumstances beyond the taxpayer's control. The court found that this shift was rational and not arbitrary, as it aligns with the objectives of efficient tax collection and incentivising compliance. The applicants' argument that interest should only be retained where there is loss to the fiscus ignores the deterrent function of interest and the impracticality of the p…

Source excerpt

• Value Added Tax Act
• Remittal Of Interest
• Arbitrary Deprivation Of Property
• Rationality Review
• Section 25 Constitution
• Administrative Discretion