South Africa Case Law

Ramotsoele and Others v Ramotsoele and Others (30681/2017)

Ramotsoele and Others v Ramotsoele and Others (30681/2017) [2023] ZAGPJHC 1172 (17 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

30681/2017

Judge

ML Twala

The court found that the property in question was held under a residential permit, which falls under section 6(1)(a) of the Conversion Act. Therefore, no enquiry by the Director General under section 2 was required for the transfer and registration of the property. The applicants had entered into a clear agreement for the property to be registered in the first respondent's name, and their subsequent claim of ignorance was not credible. The police officer's role was limited to commissioning the affidavit and did not affect the validity of the agreement. The dispute of fact raised by the applic…

Source excerpt

• Conversion Of Rights Act
• Title Deed Cancellation
• Section 2 Inquiry
• Residential Permit
• Dispute Of Fact
• Costs Order

Sethlatlole and Another v Setlhatlole and Others (3436/18)

Sethlatlole and Another v Setlhatlole and Others (3436/18) [2023] ZAGPJHC 962 (25 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

3436/18

Judge

Noko

The court found that the Certificate of Leasehold was issued without compliance with section 2 of the Conversion Act, which mandates an inquiry to determine the rightful holder of leasehold rights. The sale agreement relied upon by the respondents did not confer ownership of the land, and the regulatory framework in place at the time required continued payment of rent and did not grant title. The Conversion Act applies to the property, and its peremptory provisions were not followed. The failure to conduct the required inquiry renders the registration unlawful and susceptible to cancellation.…

Source excerpt

• Conversion Of Rights To Leasehold
• Section 2 Inquiry
• Cancellation Of Certificate Of Leasehold
• Upgrading Of Land Tenure Act
• Deeds Registries Act
• Locus Standi

Marule and Others v Marule and Others (15082/2020)

Marule and Others v Marule and Others (15082/2020) [2023] ZAGPJHC 928 (17 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

15082/2020

Judge

RJ Moultrie

The court held that the applicants' reliance on section 2 of the Conversion Act was misplaced, as residential permits under Regulation 7 do not qualify as 'affected sites' and are not subject to section 2 inquiries. Instead, the Conversion Act specifically provides in section 6 for the automatic conversion of such permits into statutory leases, which may subsequently be upgraded to ownership under other legislation. The authorities cited by the applicants were distinguishable, as they involved site permits or occupation certificates, which are expressly included as 'affected sites.' The court…

Source excerpt

• Conversion Of Rights
• Title Deed Cancellation
• Leasehold To Ownership
• Section 2 Inquiry
• Upgrading Of Land Rights

City of Ekurhuleni Metropolitan Municipality v Themba and Others (26039/2020)

City of Ekurhuleni Metropolitan Municipality v Themba and Others (26039/2020) [2022] ZAGPJHC 811 (17 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

26039/2020

Judge

S Yacoob

The court set aside an unlawful transfer of municipal property, ordered it restored to the municipality, and directed a section 2 inquiry under the Conversion Act.

• Conversion Of Rights Act
• Unlawful Transfer
• Section 2 Inquiry
• Ownership Dispute
• Property-law
• Municipal-law

Ndaba v Thonga and Others (18674/2019)

Ndaba v Thonga and Others (18674/2019) [2020] ZAGPJHC 404 (23 November 2020)

Court

South Gauteng High Court, Johannesburg

Case number

18674/2019

Judge

Vukeya

The court found that the transfer of the property at Erf 2039 Jabulani Township to the first respondent was invalid because it was effected without a proper inquiry as required by section 2 of Act 81 of 1988. The process of conversion to ownership under the Upgrading of Land Tenure Rights Act 112 of 1991 is automatic and does not constitute administrative action, thus a review is not required. However, the failure to conduct an inquiry involving all listed occupants deprived interested parties, including the applicant, of their rights. The applicant was a direct beneficiary and occupant at th…

Source excerpt

• Conversion Of Rights Act 81 1988
• Upgrading Of Land Tenure Rights Act 112 1991
• Section 2 Inquiry
• Automatic Conversion
• Locus Standi

Ntshalintshali and Others v Sekano and Others (2014/31317)

Ntshalintshali and Others v Sekano and Others (2014/31317) [2015] ZAGPJHC 123 (12 June 2015)

Court

South Gauteng High Court, Johannesburg

Case number

2014/31317

Judge

R Hertenberger

The court cancelled a title deed and leasehold certificate over Erf 768, Orlando East, and ordered a section 2 inquiry to determine the rightful claimant.

• Conversion Of Rights To Ownership
• Title Deed Cancellation
• Family Rights Agreement
• Administrative Error
• Section 2 Inquiry
• Custodianship Of Property