South Africa Case Law

Makgari Communal Property Association v Department of Agriculture, Rural Development and Land Reform, Limpopo Province and Others (5158/2018)

Makgari Communal Property Association v Department of Agriculture, Rural Development and Land Reform, Limpopo Province and Others (5158/2018) [2025] ZALMPPHC 114 (17 June 2025)

Court

Limpopo High Court, Polokwane

Case number

5158/2018

Judge

M Z Makoti

The High Court found the first respondent in contempt of a 2018 order to register a communal property association and pay costs, but dismissed the case against others.

• Communal Property Association Act
• Civil Contempt Of Court
• Title Deed Rectification
• Costs Award
• Civil-contempt-of-court
• Communal-property-association

Sikhosana v Sikhosana and Others (44363/2020)

Sikhosana v Sikhosana and Others (44363/2020) [2022] ZAGPJHC 728 (30 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

44363/2020

Judge

L R Adams

The court found that the first respondent and Jan Samuel Sikhosana lawfully acquired ownership of the property under the Conversion Act, which converted prior occupancy rights into full ownership. The applicant's claim that the inclusion of the first respondent's name on the title deed was erroneous was rejected as fanciful. The applicant failed to establish any legal entitlement to the property, either through inheritance or by virtue of marriage to Bafana Sikhosana. The title deed accurately reflected the true ownership, and there was no basis for rectification or cancellation. Accordingly,…

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• Deeds Registries Act
• Conversion Of Rights To Ownership
• Title Deed Rectification
• Intestate Succession
• Plascon Evans Rule

Member of the Executive Council for the Department of Public Works v Mathew and Others (1290/2020)

Member of the Executive Council for the Department of Public Works v Mathew and Others (1290/2020) [2022] ZAECMHC 30 (23 August 2022)

Court

Eastern Cape High Court, Mthatha

Case number

1290/2020

Judge

Majiki

The court found that the provincial government is the registered owner of Erf 308, Mthatha, and the applicant is entitled to seek eviction of the respondents, who occupy the property without legal right or consent. The respondents failed to establish any protected occupational rights, either through donation, delegation, or prescription. The alleged donation to the municipality was not validly effected or registered, and SAPO's purported grant of occupational rights was not substantiated. The rectification of the title deed and transfer to the provincial government were lawful and did not con…

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• Eviction
• Title Deed Rectification
• Delegation Of State Land
• Acquisitive Prescription
• Administrative Action Review

Motlatsi v Director-General of the Free State Province and Others (2960/2016)

Motlatsi v Director-General of the Free State Province and Others (2960/2016) [2017] ZAFSHC 144 (31 August 2017)

Court

Free State High Court, Bloemfontein

Case number

2960/2016

Judges

J.J.F. Hefer, M.B. Mbhele

Review granted where the court found no proper enquiry under the Conversion Act before ownership was declared and transfer registered in the sixth respondent’s name.

• Conversion Of Rights Into Ownership
• Administrative Review
• Title Deed Rectification
• Administrative-review
• Property-law
• Title-deed-rectification

Cape Explosive Works Ltd and Another v Denel (Pty) Ltd and Others (60/99)

Cape Explosive Works Ltd and Another v Denel (Pty) Ltd and Others (60/99) [2001] ZASCA 28; [2001] 3 All SA 321 (A); 2001 (3) SA 569 (SCA) (19 March 2001)

Court

Supreme Court of Appeal

Case number

60/99

Judges

Vivier, Olivier, Zulman, Streicher, Mthiyane

The Supreme Court of Appeal held that the conditions registered in the original deed of transfer, specifically the use restriction and right of repurchase, constituted real rights intended to bind successors in title. These rights were properly registrable under the Deeds Registries Act as they imposed a subtraction from the dominium of the land. The omission of these conditions from subsequent title deeds was an error by the conveyancer and Registrar of Deeds, which did not extinguish the real rights. Under South Africa’s negative system of registration, the deeds registry does not guarantee…

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• Real Rights
• Title Deed Rectification
• Deeds Registries Act
• Use Restriction
• Preemptive Right
• Negative System Of Registration