Body Corporate Silver Stream v Mathibela (97703/2015) [2025] ZAGPPHC 101 (31 January 2025)

Body Corporate Silver Stream v Mathibela (97703/2015) [2025] ZAGPPHC 101 (31 January 2025)

The respondent failed to pay levies, resulting in a valid default judgment. No opposing affidavit was properly filed, and condonation for late filing was refused due to an unexplained and unreasonable delay. The property is not the respondent's primary residence; she resides elsewhere. The Sectional Titles Schemes Management Act imposes a statutory obligation to pay levies, which remains undisturbed. The requirements of Uniform Rule 46A were satisfied, including service on all affected parties and consideration of the rights of the occupant, Ms Pearl Mathibela. However, her right to adequate housing under section 26 of the Constitution is not implicated, as she owns another property and...

Citation
[2025] ZAGPPHC 101
Parties
Applicant: Body Corporate Silver Stream; Respondent: Nomvula Freda Mathibela
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
31 January 2025
Case Number
97703/2015
Procedural Posture
Attachment and Execution Application / Final Judgment
Outcome
Application for condonation dismissed; property declared specifically executable; writ of execution authorised; reserve price set; execution suspended for five months; respondent to pay costs on a part and party scale.
Judges
L.A. Retief
Legal Topics
Specific Executability, Sectional Titles Schemes Management Act, Uniform Rules of Court Rule 46a, Condonation, Reserve Price Setting
Civil Procedure Land and Property Specific Executability Sectional Titles Schemes Management Act Uniform Rules of Court Rule 46a Condonation Reserve Price Setting

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Parties

Body Corporate Silver Stream

Applicant

Nomvula Freda Mathibela

Respondent

Procedural Posture

Attachment and Execution Application / Final Judgment

Legal Issues

  1. 1 Whether the respondent's immovable property should be declared specifically executable for unpaid levies.
  2. 2 Whether condonation for late filing of the respondent's opposing affidavit should be granted.
  3. 3 Whether the requirements of Uniform Rule 46A and the Sectional Titles Schemes Management Act have been satisfied.

Ratio Decidendi

The respondent failed to pay levies, resulting in a valid default judgment. No opposing affidavit was properly filed, and condonation for late filing was refused due to an unexplained and unreasonable delay. The property is not the respondent's primary residence; she resides elsewhere. The Sectional Titles Schemes Management Act imposes a statutory obligation to pay levies, which remains undisturbed. The requirements of Uniform Rule 46A were satisfied, including service on all affected parties and consideration of the rights of the occupant, Ms Pearl Mathibela. However, her right to adequate housing under section 26 of the Constitution is not implicated, as she owns another property and...

Court Disposition

Application for condonation dismissed; property declared specifically executable; writ of execution authorised; reserve price set; execution suspended for five months; respondent to pay costs on a part and party scale.

Orders

  • The application for condonation of the late filing of the respondent's opposing affidavit is dismissed.
  • The respondent's immovable property is declared specifically executable.