Two church entities linked to Shepherd Bushiri have lost a High Court bid to claim ownership of a Rustenburg property valued at R4.9 million.
The High Court in Mahikeng dismissed an application by Enlightened Christian Gathering South Africa NPC and ECG TNJC Rustenburg NPC.
They wanted the court to declare ECG TNJC Rustenburg the true owner of the property and order its transfer.
Acting Judge BF Mnyovu dismissed the application on 7 August and ordered the applicants to pay the respondents’ legal costs.
Property remains in liquidation estate
The property at Farm 200, Waterkloof, Rustenburg, is registered to Provincial Support Business Management NPC.
The entity was previously known as Prophet Shepherd Bushiri Ministries NPC and is now in liquidation.
The church applicants argued that member Maria Mokoena bought the property in 2018 for the benefit of the Rustenburg congregation.
They claimed the registered company was only meant to hold the title until the local branch could formally register as a non-profit company.
Congregants had also allegedly raised money and spent substantial amounts improving the site.
Oral agreement fails to prove ownership
The applicants relied partly on an alleged oral nominee agreement involving church leaders and local structures.
Judge Mnyovu accepted that South African law can recognise oral nominee agreements in certain circumstances.
However, he found that the evidence did not establish the ownership right claimed by the Rustenburg church.
Conveyancing records showed that the property was transferred directly from the sellers to Prophet Shepherd Bushiri Ministries in April 2018.
The court found this supported the registered company’s ownership.
Redacted bank statements rejected
The church also relied on redacted bank statements submitted later in the case.
Mnyovu rejected the documents, finding that they did not prove beneficial ownership of the property.
The court also noted that ECG TNJC Rustenburg was only registered as a non-profit company in July 2024, years after the property transfer.
Mnyovu found the applicants had no real right allowing them to recover the property from the liquidators.
The site will therefore remain part of the liquidation estate and be dealt with by the appointed liquidators.