South Africa Case Law

Muza and Another v Mokoena and Others (31542/2023)

Muza and Another v Mokoena and Others (31542/2023) [2025] ZAGPPHC 585 (3 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

31542/2023

Judge

N V Khumalo

The court found that the applicants failed to prove the existence of a valid sale agreement for the property, as any sale of immovable property must be in writing and signed by the parties in terms of the Alienation of Land Act. The alleged oral agreement was invalid and unenforceable. The first respondent and her deceased husband held only a leasehold interest at the time of the purported sale and could not lawfully sell or transfer ownership. The applicant, being a foreign national, was ineligible for subsidised housing ownership under the applicable scheme. The improvements made by the app…

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• Alienation Of Land Act
• Housing Subsidy Eligibility
• Title Deed Cancellation
• Oral Sale Of Immovable Property
• Municipal Housing Disputes
• Plaascon Evans Rule

Motaung v Phahlane and Others (053812/2022)

Motaung v Phahlane and Others (053812/2022) [2025] ZAGPJHC 384 (7 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

053812/2022

Judge

Nharmuravate

The High Court dismissed an application to cancel a title deed and refer an ownership inquiry, holding that the applicant lacked locus standi because an existing eviction order remained binding.

• Unlawful Occupation
• Eviction Order
• Locus Standi
• Title Deed Cancellation
• Locus-standi
• Eviction-order

Mashiyane and Others v Kekana and Others (2021/8960)

Mashiyane and Others v Kekana and Others (2021/8960) [2025] ZAGPJHC 715 (28 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/8960

Judge

WJ du Plessis

The High Court dismissed an application to cancel a title deed over a family home, holding that any attack on the transfer under the Conversion Act had to be brought by review.

• Conversion Act Transfer
• Intestate Succession
• Administrative Review
• Title Deed Cancellation
• Administrative-review
• Title-deed-cancellation

Masinga and Others v Selematsela and Others (13796/2020)

Masinga and Others v Selematsela and Others (13796/2020) [2024] ZAGPPHC 1130 (14 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

13796/2020

Judge

SK Hassim

The High Court condoned the late delivery of a declaration in a property dispute involving alleged fraud, but postponed relief against the Master of the High Court.

• Condonation
• Late Filing
• Fraudulent Transfer
• Title Deed Cancellation
• Administration Of Estates
• Late-filing

Dzima and Another v Company Unique Finance (Pty) Limited and Others (2019/38139)

Dzima and Another v Company Unique Finance (Pty) Limited and Others (2019/38139) [2024] ZAGPJHC 1161 (12 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2019/38139

Judge

UYS AJ

The High Court dismissed an application challenging a property sale and title transfer, finding the claim had prescribed and rejecting a constitutional challenge.

• Prescription Act
• Title Deed Cancellation
• Declaratory Relief
• Constitutional Invalidity Challenge
• Res Judicata
• Alienation Of Land Act

Majomane and Others v Madihlaba and Others (32438/2022)

Majomane and Others v Madihlaba and Others (32438/2022) [2024] ZAGPJHC 796 (14 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

32438/2022

Judge

M A Makume

The court found that the applicants did not have knowledge of the trial date due to failures by their legal representatives and were not in willful default. The applicants demonstrated good cause for their absence and presented a bona fide defence as the registered title deed holders and occupiers of the property, which was transferred to them by the City of Johannesburg through an administrative action that remains unchallenged. The technical points raised by the respondents regarding non-joinder and locus standi were dismissed as baseless. The court concluded that justice and fairness requi…

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• Rescission Of Judgment
• Default Judgment
• Title Deed Cancellation
• Administrative Action
• Locus Standi

Masonte v Makota and Others (44131/2023)

Masonte v Makota and Others (44131/2023) [2024] ZAGPPHC 744 (30 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

44131/2023

Judge

Baqwa

The court set aside a fraudulently obtained title deed and ordered the property transferred to the applicant, but awarded the respondent proven improvement costs.

• Title Deed Cancellation
• Fraudulent Transfer
• Wills Act
• Locus Standi
• Unjust Enrichment
• Title-deed-cancellation

Manana and Another v Manana and Others (37456/2018)

Manana and Another v Manana and Others (37456/2018) [2024] ZAGPJHC 64 (26 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

37456/2018

Judge

Malindi

The High Court dismissed an application to cancel a title deed, finding the applicants lacked standing and that the dispute was res judicata.

• Locus Standi
• Res Judicata
• Sale In Execution
• Title Deed Cancellation
• Locus-standi
• Res-judicata

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…

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

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…

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