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South Africa decisions
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Peter v Nkonde and Others (A73/2021) [2022] ZAWCHC 122 (27 May 2022)
The court dismissed an eviction appeal after finding that Housing Act section 10A barred the alienation of the subsidised property and left the appellant without standing.
Mkhize v Jonkers and Others (1387/2019) [2020] ZANCHC 89 (4 December 2020)
The court held that a vacating owner did not trigger section 10A(3) of the Housing Act and refused to set aside the second sale and transfer of the subsidised house.
Tapala and Another v Tlebetla and Others (89400/16) [2019] ZAGPPHC 46 (22 February 2019)
The High Court set aside the sale and registration of state-subsidised property to the first respondent for non-compliance with section 10A(1) of the Housing Act.
Mohlolou v Fakude and Another (68750/12) [2018] ZAGPPHC 364 (18 May 2018)
The High Court dismissed an eviction application after finding the property had reverted to the provincial housing department and was not part of the deceased estate.
Jokozela v Ngece and Another (CA137/2014) [2017] ZAECGHC 54 (13 April 2017)
The magistrate erred by dismissing both the point in limine and the eviction application without affording the parties procedural fairness. The appellant introduced a new claim for declaratory relief regarding the legality of the sale at the last minute, prejudicing the first respondent, who was denied an opportunity to respond. The failure to join the provincial housing department, a party with a direct interest due to the restrictive clause, further compromised the proceedings. The court held that the first respondent's objection to the point in limine should have been upheld, the appellant…
Source excerpt
Madisha and Another v Greater Tubatse Municipality and Others (65898/2012) [2014] ZAGPPHC 611 (15 August 2014)
The court dismissed a transfer application involving subsidised housing, finding the sale was subject to section 10A of the National Housing Act and needed prior offer to the provincial department.
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