South Africa Case Law

Sethlatlole and Another v Setlhatlole and Others (3436/18)

Sethlatlole and Another v Setlhatlole and Others (3436/18) [2023] ZAGPJHC 962 (25 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

3436/18

Judge

Noko

The court found that the Certificate of Leasehold was issued without compliance with section 2 of the Conversion Act, which mandates an inquiry to determine the rightful holder of leasehold rights. The sale agreement relied upon by the respondents did not confer ownership of the land, and the regulatory framework in place at the time required continued payment of rent and did not grant title. The Conversion Act applies to the property, and its peremptory provisions were not followed. The failure to conduct the required inquiry renders the registration unlawful and susceptible to cancellation.…

Source excerpt

• Conversion Of Rights To Leasehold
• Section 2 Inquiry
• Cancellation Of Certificate Of Leasehold
• Upgrading Of Land Tenure Act
• Deeds Registries Act
• Locus Standi

Maselsele N.O. v Greater Giyani Municipality and Others (5054/2013)

Maselsele N.O. v Greater Giyani Municipality and Others (5054/2013) [2015] ZAGPPHC 413 (14 May 2015)

Court

North Gauteng High Court, Pretoria

Case number

5054/2013

Judge

Avvakoumides

The High Court upheld an exception to a claim seeking land ownership under the Upgrading of Land Tenure Rights Act, finding the pleading lacked essential statutory averments.

• Upgrading Of Land Tenure Act
• Exception To Particulars Of Claim
• Tribal Land Rights
• Pleading Requirements
• Exception-to-particulars-of-claim
• Upgrading-of-land-tenure-rights-act