At Kubayi Mphahlele Incorporated, Property Law is one of our core areas of expertise. South Africa’s property landscape is shaped by a complex mix of statutory law, common law, and constitutional rights.
Our firm provides professional legal support to individuals, developers, body corporates, homeowners’ associations (HOAs), and municipalities in navigating the intricate regulatory framework governing property ownership, use, and disputes.
Sectional Title Schemes in South Africa are governed primarily by the Sectional Titles Schemes Management Act (STSMA) 8 of 2011 and the Sectional Titles Act 95 of 1986. We represent body corporates, trustees, and owners in disputes arising from:
Unpaid levies and enforcement of arrears
Conduct rule violations and scheme governance issues
Trustee disputes and voting irregularities
Maintenance obligations and common property disputes
Applications to the Community Schemes Ombud Service (CSOS) and, where necessary, escalation to the High Court
We assist with the interpretation of management and conduct rules, and advise clients on compliance and dispute resolution within the context of communal living.
HOAs play a vital role in regulating residential estates and gated communities. These associations are typically governed by their constitutions or Memorandums of Incorporation in accordance with the Companies Act 71 of 2008. Our legal services in this space include:
Disputes between the HOA and homeowners
Recovery of levies, fines, and penalties
Interpretation and enforcement of HOA rules and architectural guidelines
Internal governance matters, including board disputes and AGMs
Drafting and review of governing documents to ensure compliance with relevant legislation
We work closely with managing agents and boards to ensure that rules are not only legally enforceable but also consistent with constitutional rights and administrative justice.
We assist landlords, tenants, developers, and municipalities in eviction proceedings and lease-related disputes under the framework of:
Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) 19 of 1998
Rental Housing Act 50 of 1999
Extension of Security of Tenure Act (ESTA) 62 of 1997
We ensure that eviction applications are brought in full compliance with the constitutional requirement for fairness and the rights to dignity and adequate housing. This includes:
Residential, commercial, and rural evictions
Urgent eviction applications
Drafting lease agreements and breach enforcement
Representing landlords or tenants in the Rental Housing Tribunal
Our team has extensive experience representing both landowners and claimants in disputes involving restitution of land rights under the Restitution of Land Rights Act 22 of 1994. We assist with:
Investigating the legitimacy and merit of land claims
Representing parties in the Land Claims Court
Negotiating compensation or alternative land awards
Opposing or defending claims based on historical dispossession
Community leadership and governance structures during land transfers
Given South Africa’s land reform history, these matters are handled with sensitivity to social justice and constitutional values.