Percy Suli Mosuetsa v Derrick Thabo Mosuetsa and Others

The appellant, Percy Suli Mosuetsa, and the first respondent, Derrick Thabo Mosuetsa, are half-brothers. Their parents were married in community of property. During his lifetime, their father donated the family home in Soweto to Derrick by way of a donation affidavit. The Master of the High Court accepted that the property did not fall into the deceased estate and ownership was transferred to Derrick. Percy, who had lived on the property for many years, resisted eviction. In 2013, the High Court (Kgomo J) granted an eviction order against Percy on the basis that Derrick was the undisputed owner. That order was never appealed or rescinded. Percy later brought applications seeking to remove Derrick as representative of the estates, reopen the estates, prevent transfer of the property, and stay execution of the eviction order. The full court of the Gauteng Division dismissed his appeal, leading to the present appeal before the Supreme Court of Appeal.

The appeal was reinstated but dismissed, with no order as to costs.

The case reaffirms the fundamental South African principle that court orders and administrative decisions are binding and enforceable until set aside by appeal or review. It underscores the doctrine of res judicata, the functus officio principle, and the limits on applications to stay execution of court orders. The judgment provides clarity on the impermissibility of collateral challenges to final orders through subsequent interlocutory proceedings.