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South Africa decisions
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Mashamaite v Mohlala and Others (2022/059691) [2024] ZAGPJHC 861 (8 September 2024)
Leave to appeal was dismissed after the court found no basis to disturb its order upholding a sale agreement and rejecting a section 10A National Housing Act challenge.
Buffel v Steenkamp and Others (1806/2021) [2021] ZAFSHC 245 (10 August 2021)
The High Court dismissed an application to validate a disputed sale agreement for immovable property, finding a serious factual dispute over the deceased’s signature.
Mafrika v Magongwa (28553/2016) [2016] ZAGPPHC 647 (29 July 2016)
The High Court held that a sale of immovable property by spouses in community of property was valid and enforceable, and ordered transfer to the purchasers.
Govan Mbeki Municipality v Xaba and Another (45410/13) [2014] ZAGPPHC 44 (28 February 2014)
The court found that the respondents entered into valid agreements to purchase the properties but failed to meet the suspensive condition of obtaining mortgage finance, despite extensions. The applicant complied with all statutory requirements for eviction, including proper service of notices under sections 4(2) and 5(2) of the Act. The applicant offered alternative accommodation at reasonable rental rates, and the respondents, as employees, could afford such rental. The court held that section 26 of the Constitution does not require the municipality to provide housing to its employees, and t…
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Govan Mbeki Municipality v Xaba and Others (45410/13) [2014] ZAGPPHC 237 (28 February 2014)
The court confirmed an eviction order after finding the occupiers failed to meet sale agreement conditions and that alternative accommodation was available.
Kraai and Others v Masiza and Others (2133/2013) [2013] ZAECPEHC 51 (18 October 2013)
The court held that an earlier sale agreement was valid and enforceable, and interdicted the respondents from transferring the property. Costs were awarded only to the successful second and third applicants.
Zamisa v Kali and Others (15249/2009) [2011] ZAKZDHC 10 (17 February 2011)
The court found that the applicant's purported agreement of sale was invalid as the purchase price of R45,000.00 was never included in the written agreement, rendering it void under the Alienation of Land Act. The earliest date a valid agreement could have been concluded was 2 April 2008, but by then the first respondent had already entered into a valid and binding agreement with the third respondent on 13 November 2007 and had signed consent to transfer the property to the third respondent. The transfer to the third respondent was completed on 8 May 2009, making the sale perfecta and not ope…
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Fourie v Bekker NO and Others (182/08) [2009] ZASCA 12; [2009] 3 All SA 19 (SCA) (17 March 2009)
The Supreme Court of Appeal dismissed an appeal against an order enforcing transfer of a land portion and related water rights, rejecting arguments on invalidity and vagueness.
Bonnichsen v Tirade Props 185 (Pty) Ltd (1140/08) [2008] ZAECHC 130 (7 August 2008)
Unopposed application for declaratory relief granted: the court held the land sale agreement, including the addendum, was valid and binding on the respondent.
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