In a guest post, David Scrooby notes an interesting case arising from the continuing uncertainties in South African land law.

Introduction

In Mbashe Diocese of the Anglican Church v Mayapi and Others (5243/2024) [2025] ZAECMHC 30, the Bishop of the Mbashe Diocese of the Anglican Church of Southern Africa was the applicant. He stated that the property of the Parish of Lower Gwadu was allocated to the Anglican Church by means of a “permission to occupy” which was issued to it in terms of the regulations promulgated under the ‘Land Act of 1936, however, the applicant could not find the “right to use” after a diligent search, and the officials of the Department Land Reform and Rural Development reported that they were unable to find a copy.

The land issue

This case highlights South Africa’s land issue. The parish is on tribal or communal land in what was termed the “independent state of the Transkei”, in the Eastern Cape Province. The “permission to occupy” or a leasehold system applied, and occupiers did not receive title deeds to the property. As a result of the apartheid system, there are still properties which Churches have built on and used for more than fifty years which are not registered in the names of the Churches. Continue reading →