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IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
Case Number: 106986/2023
(1) REPORTABLE: NO
(2) OF INTREST TO OTHER JUDGES
(3) REVISED: NO
LINO RINGUE APPLICANT
AND
NTOMBIZODWA ELIZABETH SIBEKO 1ST RESPONDENT
DIRECTOR GENERAL OF HUMAN SETTLEMENT 2ND RESPONDENT
GAUTENG PROVINCE
MEC HUMAN SETTLEMENTS, GAUTENG PROVINCE 3
RD RESPONDENT
CITY OF JOHANNESBURG METROPOLITAN 4TH RESPONDENT
MUNICIPALITY
REGISTRAR OF DEEDS, JOHANNESBURG 5TH RESPONDENT
JUDGMENT
___________________________________________________________________
This Judgment was handed down electronically and by circulation to
the parties’ legal representative by way of email and shall be
uploaded on CaseLines. The date of the hand down is deemed to be
on the 05 FEBRUARY 2026.
MAKUME J:
1. In this matter the applicant seeks an order authorising the fifth
respondent, being the Registrar of Deeds, to cancel a title
deed, with registration number T[ … ], which is currently
registered in the name of the Late Goodman John Sibeko, in
respect of immovable property known as Erf 5[ … ] W[… ] Street,
E[… ], Extension 8 Township, Gauteng Province.
2. In the second prayer the applicant seeks an order that the
property be registered in his name by the Registrar of Deeds.
3. The applicant says that he purchased vacant piece of land for
an amount of R8 000,00, that he took occupation in the year
2007, and built a structure thereon. He occupies the property
with his wife and three children.
4. He acknowledges that there is a pending eviction case against
him in the Protea Magistrate Court which is not being opposed.
5. The applicant does not state from whom he purchased the
property. Against this the respondent filed proof that in the
year 1995 the property was registered in the name of his late
brother and that it is impossible that he could have sold it to
the applicant in 2007 as the brother had already passed away
in 1998.
6. The respondent informed the applicant as far back as the year
2014 that she is the owner of the property, and followed that
up with an application for eviction, which is still pending at the
Protea Magistrate Court. The applicant simply denies that.
7. It is also strange that the applicant waited 9 years before
launching this application on flimsy and unsubstantiated
grounds.
8. The fourth respondent filed an explanatory affidavit and
informed the applicant that the Deeds Registry possesses all
information about transactions pertaining to all immovable
properties. The applicant does not deal with that in his
replying affidavit. On the other hand, the respondent attaches
to her answering affidavit a copy of the title deed indicating
that the National Housing Board sold the property to Goodman
John Sibeko on 22 November 1994. The applicant conceded
when asked by the court that the document is correct and
genuine.
9. The deceased died in 1998 and could never have sold the
property to the applicant in the year 2007. The document that
the applicant attaches as proof of his so called purchase
agreement has the name Mufukeng. He has not furnished this
court with a deed of sale, nor did he take trouble to get an
affidavit from the seller. His counsel finally conceded that his
client has been scammed. This in my view he knew as far
back as 2014 and should not have insisted on bringing this
frivolous application. The resultant is that there should be a
costs order against the applicant.
10. In the result, I make the following order:
[10.1] The application is dismissed;
[10.2] The applicant is ordered to pay costs on an
attorney and client scale.
__________________________
MAKUME J
JUDGE OF THE HIGH COURT
JOHANNESBURG
For the Applicant: Peter Zwane Attorneys
For the Respondent: Ms Zodwa Mvelase
For the 1st Respondent: Gwensa Attorneys