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South Africa Case Law

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Last checked: 10 Oct 2026, 23:20 UTC

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10 Mar 2020

Administrative Law [2020] ZAECGHC 25

Kotze and Another v MEC of Co-Operative Governance and Traditional Affairs (Land use management and administration), Province of the Eastern Cape and Others (CA300/2018)

Kotze and Another v MEC of Co-Operative Governance and Traditional Affairs (Land use management and administration), Province of the Eastern Cape and Others (CA300/2018) [2020] ZAECGHC 25 (10 March 2020)

Court: Eastern Cape High Court, Grahamstown
Case number: CA300/2018
Judges: NQUMSE, N.G. BESHE, R W N BROOKS

The High Court dismissed an appeal against refusal of a land-subdivision appeal, holding the reasons were adequate and the decision was rational under PAJA.

Promotion Of Administrative Justice Act
Adequacy Of Reasons
Irrationality Of Administrative Action
Retrospectivity
Subdivision Of Land
Administrative-law

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28 Apr 2010

Land And Property [2010] ZAGPJHC 33

McLaren v Freimac (Pty) Ltd and Others (08/9285)

McLaren v Freimac (Pty) Ltd and Others (08/9285) [2010] ZAGPJHC 33 (28 April 2010)

Court: South Gauteng High Court, Johannesburg
Case number: 08/9285
Judge: C.G. Lamont

High Court case holding that an unlawful land subdivision and transfer, done without local authority consent, was void and the registration had to be cancelled.

Unlawful Registration
Subdivision Of Land
Deeds Registries Act
Town Planning Ordinance
Review Of Administrative Action
Unlawful-subdivision

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16 Apr 2010

Civil Procedure [2010] ZAGPPHC 306

Brits and Another v Nedbank Ltd and Others, In Re; Nedbank Ltd v Nel and Another (16497/07)

Brits and Another v Nedbank Ltd and Others, In Re; Nedbank Ltd v Nel and Another (16497/07) [2010] ZAGPPHC 306 (16 April 2010)

Court: North Gauteng High Court, Pretoria
Case number: 16497/07
Judge: Msimeki

The High Court rescinded a default judgment entered against the second and third respondents, finding it was granted in their absence and under a material error.

Rescission Of Judgment
Default Judgment
Sale Of Immovable Property
Subdivision Of Land
Locus Standi
Rescission-of-judgment

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23 Mar 2010

Land And Property [2010] ZAECPEHC 9

Calcutt (Born Hyde) and Others v Maclean and Others (871/09)

Calcutt (Born Hyde) and Others v Maclean and Others (871/09) [2010] ZAECPEHC 9 (23 March 2010)

Court: Eastern Cape High Court, Port Elizabeth
Case number: 871/09
Judge: Eksteen

The court held that a first deed of donation was not cancelled, but novated by a later deed. It upheld transfer of Erf 125 and dismissed the application.

Deed Of Donation
Subdivision Of Land
Transfer Of Ownership
Novation
Abstract Theory Of Transfer
Registration Of Transfer

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10 Jul 2008

Land And Property [2008] ZAECHC 113

Warren v Member of the Executive Council Eastern Cape, Department of Housing Local Governement and Traditional Affairs (EL220/07, ECD520/07)

Warren v Member of the Executive Council Eastern Cape, Department of Housing Local Governement and Traditional Affairs (EL220/07, ECD520/07) [2008] ZAECHC 113 (10 July 2008)

Court: High Courts - Eastern Cape
Case number: EL220/07, ECD520/07
Judge: A.R. Erasmus

The High Court dismissed a review of a land-subdivision appeal, holding that the administrator properly considered relevant factors, including zoning, restrictive conditions, and planning principles.

Subdivision Of Land
Restrictive Title Conditions
Land Use Planning Ordinance
Development Facilitation Act
Administrative Review
Administrative-review

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15 Dec 2005

Administrative Law [2005] ZAFSHC 155

HG Gericke Family Farms (Edms) Bpk v Lid van die Uitvoerende Raad: Plaaslike Regering en Behuising (709/2005)

HG Gericke Family Farms (Edms) Bpk v Lid van die Uitvoerende Raad: Plaaslike Regering en Behuising (709/2005) [2005] ZAFSHC 155 (15 December 2005)

Court: Free State High Court, Bloemfontein
Case number: 709/2005
Judges: Hattingh, R, Cillié, R

The court held that a guide-plan clause requiring 100m waterfront frontage did not bar the proposed subdivision, because the new portion had no river frontage.

Statutory Interpretation
Subdivision Of Land
Guide Plan Binding Effect
Waterfront Rights
Statutory-interpretation
Land-subdivision

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15 Nov 2005

Land And Property [2005] ZAWCHC 86

Arun Property Development (Edms) Bpk v Stad Kaapstad (7964/01)

Arun Property Development (Edms) Bpk v Stad Kaapstad (7964/01) [2005] ZAWCHC 86 (15 November 2005)

Court: Western Cape High Court, Cape Town
Case number: 7964/01
Judge: HJ Erasmus

The court considered compensation claims for land reserved as public roads and streets on subdivision, and ruled that the R300 was not a public street under section 28.