South Africa Case Law

Save the Maize Belt Society v MEC for Agriculture, Rural Development, Land and Environmental Affairs: Mpumalanga Province and Others (4340/2021)

Save the Maize Belt Society v MEC for Agriculture, Rural Development, Land and Environmental Affairs: Mpumalanga Province and Others (4340/2021) [2023] ZAMPMBHC 31 (25 May 2023)

Court

Mbombela High Court, Mpumalanga

Case number

4340/2021

Judge

B A Mashile

The High Court refused leave to appeal, holding that the interlocutory order was not appealable because it was not final or definitive.

• Appealability Of Interlocutory Orders
• Universitas Personarum
• Rule 7 Authority
• Locus Standi
• Appealability-of-interlocutory-orders
• Rule-7-authority

Dominican Congregation of ST Catherine of Siena of Newcastle v Minister of Public Works and Others

Dominican Congregation of ST Catherine of Siena of Newcastle v Minister of Public Works and Others [2023] ZAGPPHC 156; 10791/22 (28 February 2023)

Court

North Gauteng High Court, Pretoria

Case number

10791/22

Judge

Kooverjie

The court held that the applicant acquired ownership of a portion of land by acquisitive prescription and that the State Land Disposal Act did not apply.

• Acquisitive Prescription
• State Land Disposal Act
• Universitas Personarum
• Ownership Of Immovable Property
• Acquisitive-prescription
• State-land-disposal-act

Fountain Impactors Church v Here is Life Ministries and Another (15/2021P)

Fountain Impactors Church v Here is Life Ministries and Another (15/2021P) [2022] ZAKZPHC 62 (24 October 2022)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

15/2021P

Judge

Mossop

The applicant failed to establish any legal right to occupy the property or church building to the exclusion of the first respondent. The first respondent, as a universitas and registered non-profit organisation, holds its assets and rights separately from its members. The applicant's reliance on a 'permit to occupy' issued by a ward councillor was misplaced, as the document did not confer any legal right or authority to occupy the property. The funds donated for the construction of the church were given to the first respondent, not the applicant, and the change in membership does not transfe…

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• Interim Interdict
• Universitas Personarum
• Right Of Occupation
• Municipal Property
• Donation Of Funds

De Waal v African National Congress Youth League (49137/2017)

De Waal v African National Congress Youth League (49137/2017) [2018] ZAGPJHC 694 (30 July 2018)

Court

South Gauteng High Court, Johannesburg

Case number

49137/2017

Judge

S E Weiner

The High Court granted final winding-up of the African National Congress Youth League, finding it was a body corporate and that two nulla bona returns showed insolvency.

• Winding Up Of Body Corporate
• Nulla Bona Return
• Companies Act 1973
• Universitas Personarum
• Liquidation Proceedings
• Winding-up

Flexi Holiday Club and Others v La Lucia Sands Shareblock Limited (19/2002)

Flexi Holiday Club and Others v La Lucia Sands Shareblock Limited (19/2002) [2014] ZAKZDHC 35 (4 September 2014)

Court

Kwazulu-Natal High Court, Durban

Case number

19/2002

Judge

Koen

The High Court dismissed a proposed amendment to plead new locus standi defences, holding the First Plaintiff’s status as a universitas personarum was already res judicata.

• Locus Standi
• Universitas Personarum
• Companies Act
• Res Judicata
• Amendment Of Pleadings
• Locus-standi

Thornton and Others v Accelerated Christian Education South Africa and Another (9038/11)

Thornton and Others v Accelerated Christian Education South Africa and Another (9038/11) [2012] ZAKZDHC 59 (2 October 2012)

Court

Kwazulu-Natal High Court, Durban

Case number

9038/11

Judge

Lopes

The court found that the applicants, as leaders and members of the church, have the requisite locus standi to institute proceedings concerning the school and its property. The church is a universitas personarum with the right to litigate, and the applicants' affidavits establish a real, direct, and substantial interest in the subject matter. The respondents failed to follow the correct procedure to challenge the authority of the applicants. The application is not excipiable for vagueness, as the term 'ministry' merely denotes an association between the church and the school, and the substanti…

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• Locus Standi
• Universitas Personarum
• Declaratory Relief
• Interdict
• Church Property Dispute

United Apostolic Faith Church v Boksburg Christian Academy (08/18662)

United Apostolic Faith Church v Boksburg Christian Academy (08/18662) [2011] ZAGPJHC 43; 2011 (6) SA 156 (GSJ) (2 June 2011)

Court

South Gauteng High Court, Johannesburg

Case number

08/18662

Judge

N.P. Willis

The court found that the United Apostolic Faith Church is the lawful owner of the property and possesses locus standi to seek eviction. The purported lease agreement relied upon by the school was void for vagueness and not authorized by the church's executive council. The school failed to discharge the onus of proving any enrichment claim, as it did not provide evidence of the value or necessity of improvements. The right of retention was therefore not established. PIE does not apply to the eviction of juristic persons or non-residential premises. The school lacks legal personality and cannot…

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• Eviction
• Locus Standi
• Enrichment Lien
• Universitas Personarum
• Rei Vindicatio

Twelve Apostle Church in Christ and Another v Twelve Apostle Church in Christ and Another (AR 488/2009)

Twelve Apostle Church in Christ and Another v Twelve Apostle Church in Christ and Another (AR 488/2009) [2010] ZAKZPHC 5 (15 February 2010)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 488/2009

Judges

Gorven, Govindasamy AJ, Luthuli AJ

The court found that the mother church was not dissolved by the settlement agreement, as the constitutional procedure for dissolution was not followed and there was no unanimous consent of all members. The Central Council did not convene a meeting with proper notice to dissolve the church, nor did it ratify the settlement agreement. The Executive Committee of the mother church was properly authorised to institute legal action, as evidenced by resolutions and powers of attorney. The second plaintiff was found to be the legitimate successor to the deceased as Chief Apostle and President, based…

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• Voluntary Association Dissolution
• Universitas Personarum
• Constitutional Interpretation
• Authority To Institute Action
• Church Leadership Succession