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South Africa decisions
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Huxham N.O and Another v Minister of Police (747/2014) [2024] ZANCHC 109 (6 December 2024)
Leave to appeal was dismissed because the applicants showed no reasonable prospects of success on the sugilite valuation or the costs order.
Nkomazi Local Municipality v Valuation Appeal Board For The District of Ehlanzeni and Others (615/2023) [2024] ZASCA 155 (13 November 2024)
The Supreme Court of Appeal held that the Valuation Appeal Board acted irrationally by failing to assess the expert evidence and give reasons for its decision.
Metrovincial Properties (Pty) Ltd v Valuation Appeal Board for Bitou Municipality's 2017 General Valuation Roll and Others (2672/2020) [2022] ZAWCHC 178 (12 August 2022)
The High Court dismissed a PAJA review of municipal valuation decisions, holding that the application was filed too late and condonation was not justified.
Al Mayya International Limited (BVI) v DPD Valuers (Proprietary) Limited (41424/20) [2021] ZAGPPHC 622 (21 September 2021)
The High Court upheld an exception to a delict claim over an allegedly negligent property valuation, finding no pleaded duty of care, causation, or adequate particulars.
Firstrand Bank Limited v Diab (2019/37448) [2021] ZAGPJHC 631 (29 July 2021)
The High Court confirmed a final sequestration order, finding the applicant had shown advantage to creditors and relying on the respondent’s post-provisional sale of property.
Alberts v Capell and Another (25091/12) [2021] ZAGPJHC 512 (11 June 2021)
The High Court held that a referee’s final and binding report on co-owned properties stood, rejected challenges to the valuation date, and ordered payment and transfer.
Nedbank Limited v Mzizi; Nedbank Limited v Deyzel and Another; Nedbank Limited v Mbethe (28015/2019; 4257/2020; 35970/2019) [2021] ZAGPJHC 30; 2021 (4) SA 297 (GJ) (5 February 2021)
The court held that an internal bank valuation, without independent verification or a sworn affidavit from a qualified valuer, is insufficient to establish a reserve price under Rule 46A. The evidence presented in all three matters was deficient because the valuations were not sworn by qualified valuers and lacked independence. The court emphasized the need for rigorous inquiry into market value, given the constitutional imperatives and the potential prejudice to debtors if properties are sold below true market value. The applications were postponed sine die to allow supplementation with prop…
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Daffue NO v Master of the High Court, Free State High Court, Bloemfontein and Others (2479/2019) [2020] ZAFSHC 185 (5 November 2020)
The High Court reviewed the Master’s refusal to issue a section 42(2) certificate for transfer of estate property, and directed further heir approval steps.
Koko v Koko (5403/2016) [2020] ZALMPPHC 72 (25 August 2020)
Late leave-to-appeal application dismissed. The court held the respondent’s co-ownership in the undivided property subsisted until division, and valuation was at division.
Sedma Removals CC v Never General Dealers CC and Another (33548/2016) [2018] ZAGPPHC 789 (19 October 2018)
The court found that the plaintiff had proved on a balance of probabilities that the fair value of the stolen TLB at the date of theft was R710,000, relying on the undisputed expert evidence of Mr de Witt. The method of deducting 10% per annum from the original purchase price for depreciation was accepted as industry practice and logically sound. The court was satisfied that Mr de Witt's experience and supplementary information from a Volvo employee supported the reasonableness of the valuation. Regarding interest, the court exercised its discretion to award interest from 1 March 2018, the da…
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