Robert Paul Serné N O and Others v Mzamomhle Educare and Others

The appellants were trustees of the Mzamomhle Foundation Trust, a non-profit trust. The Trust paid the purchase price for Erf 22933 Kraaifontein and later became the registered owner after the property was donated to it by Mzamomhle Educare, represented by its founder, Ms Margaret Noxolo Ngaleka. A lease agreement was concluded allowing the Educare centre to operate from the property, expiring on 31 August 2017. After Ms Ngaleka’s death, her daughter and granddaughter took control of the property, defaulted on rental and municipal payments, and remained in occupation after the lease expired. Despite notice to vacate, they refused to leave. The Trust instituted eviction proceedings based on the rei vindicatio. The High Court dismissed the application, relying heavily on hearsay allegations of fraud and constitutional considerations. The Trust appealed to the Supreme Court of Appeal.

The appeal succeeded with costs. The High Court order was set aside and replaced with an order granting eviction, directing the respondents to vacate the property within five days, authorising the sheriff to evict them if necessary, and interdicting them from re-occupying or interfering with the Trust’s use of the property.

The case reaffirms core principles of the rei vindicatio in South African property law, clarifies the limited scope of eviction proceedings based on ownership, and underscores that hearsay and unproven allegations of fraud cannot defeat registered title. It also cautions against judicial overreach through practice directives and confirms that PIE does not apply to non-residential property.