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Makhubo and Another v Maluleke and Others (22297/2011) [2012] ZAGPJHC 206 (10 October 2012)
High Court set aside fraudulent transfers of an occupied Soweto property, ordered cancellation of the deed, and directed a provincial enquiry into ownership.
Nzimande and Another v Nzimande and Others (24490/12) [2012] ZAGPJHC 223 (11 September 2012)
The court found that the applicants, as dependants listed on the certificate of occupation, had a right to occupy and use the property. The Director-General was obliged to conduct an enquiry under section 2 of the Act before any transfer of ownership could occur. The transfer to the first respondent was effected without such an enquiry and without consulting the applicants, rendering the transfer irregular and invalid. The sale and registration of the property in the first respondent's name must be cancelled, and an enquiry must be held to determine the rightful claimant.
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