South Africa Case Law

Spotprops 34 (Pty) Ltd v Bridgetown Body Corporate and Others (2023/131988; 2024/135959)

Spotprops 34 (Pty) Ltd v Bridgetown Body Corporate and Others (2023/131988; 2024/135959) [2025] ZAGPJHC 544 (6 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/131988; 2024/135959

Judge

L Windell

The court found that the ombud's decision to appoint the executive managing agent was procedurally and substantively flawed. The resolution relied upon did not meet the statutory 25% participation quota, as many signatories were not registered owners, proxies were not properly authorised, and duplicate signatures existed. The ombud failed to verify the authenticity and sufficiency of the supporting documentation, acting on unverified and misleading information. This omission rendered the decision irrational and unlawful under the Promotion of Administrative Justice Act. In the 2023 applicatio…

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• Sectional Titles Schemes Management Act
• Appointment Of Administrator
• Executive Managing Agent
• Lis Alibi Pendens
• Promotion Of Administrative Justice Act
• Proxy Voting

Registrar of Labour Relations v Sono N.O. and Others (J 2896/18)

Registrar of Labour Relations v Sono N.O. and Others (J 2896/18) [2024] ZALCJHB 310 (14 August 2024)

Court

Labour Court Johannesburg

Case number

J 2896/18

Judge

Prinsloo

The Court held that paragraph 6.4 of the third administration order does not require the administrator to consult with the Registrar on all decisions regarding the administration of CEPPWAWU. The administrator, by virtue of the administration orders and section 103A of the Labour Relations Act, has broad powers to manage the union's affairs, including internal appointments such as the national organiser. The Registrar's statutory powers are limited to oversight and regulatory functions and do not extend to the day-to-day running or internal recruitment of the union. Requiring consultation on…

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• Appointment Of Administrator
• Powers Of Registrar
• Trade Union Governance
• Labour Relations Act Section 103a
• Internal Union Administration

Kilbourn v Zwemstra N.O. and Others (24858/2020)

Kilbourn v Zwemstra N.O. and Others (24858/2020) [2023] ZAGPPHC 1938 (14 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

24858/2020

Judge

Swanepoel

The High Court dismissed an application about a retirement village trust, PAIA access, trust termination, and an administrator, with punitive costs.

• Sectional Titles Act
• Trust Termination
• Fiduciary Duties
• Promotion Of Access To Information Act
• Appointment Of Administrator
• Declaratory Orders

Bojosinyane v Maroga and Others (Leave to Appeal) (UM197/2022)

Bojosinyane v Maroga and Others (Leave to Appeal) (UM197/2022) [2023] ZANWHC 139 (18 August 2023)

Court

North West High Court, Mafikeng

Case number

UM197/2022

Judge

S. Mfenyana

The High Court granted leave to appeal to the Full Court in a municipal intervention and employment dispute, finding arguable prospects of success.

• Municipal Intervention
• Appointment Of Administrator
• Section 139 Constitution
• Employment Contract Termination
• Leave-to-appeal
• Municipal-intervention

Nghonyama and Others v The Body Corporate of Pearlbrook (2018/8948)

Nghonyama and Others v The Body Corporate of Pearlbrook (2018/8948) [2023] ZAGPJHC 237 (16 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2018/8948

Judge

Turner

The High Court discharged a rule nisi, declared an administrator’s appointment ended, and awarded costs against the applicants after finding noncompliance and lack of validity.

• Sectional Titles Schemes Management Act
• Appointment Of Administrator
• Failure To Account
• Termination Of Appointment
• Sectional-titles
• Appointment-of-administrator

Body Corporate of Stamford Hall v Molapo and Another (A3086/2021;9568/2020)

Body Corporate of Stamford Hall v Molapo and Another (A3086/2021;9568/2020) [2022] ZAGPJHC 498 (3 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A3086/2021;9568/2020

Judges

Adams, Thompson

Appeal in a sectional titles matter where an administrator was justified, but the specific appointee was set aside and the case remitted.

• Sectional Titles Schemes Management Act
• Appointment Of Administrator
• Fiduciary Duties Of Trustees
• Financial Mismanagement
• Quorum And Meetings
• Judicial Discretion

Dawson v Sidney on Vaal CPA and Another (603/2019)

Dawson v Sidney on Vaal CPA and Another (603/2019) [2022] ZANCHC 29 (27 May 2022)

Court

Northern Cape High Court, Kimberley

Case number

603/2019

Judge

AG van Tonder

The court held that maladministration is not an independent ground for placing a Communal Property Association under administration in terms of section 13 of the Communal Property Associations Act. Instead, maladministration is one of several factors to be considered in determining whether the association is unwilling or unable to pay its debts or meet its obligations. The applicant failed to establish special circumstances or good cause for the appointment of an administrator and did not discharge the onus required to persuade the court to exercise its discretion. The court found no reasonab…

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• Communal Property Associations Act
• Appointment Of Administrator
• Leave To Appeal
• Just And Equitable Standard

Mare and Others v Akarana Home Owners Association and Others (10147/2019)

Mare and Others v Akarana Home Owners Association and Others (10147/2019) [2022] ZAWCHC 20 (28 February 2022)

Court

Western Cape High Court, Cape Town

Case number

10147/2019

Judge

E D Wille

Section 30(1)(c) of the Drakenstein Municipality By-Law is not ultra vires or invalid, as a local authority has constitutional and statutory powers to regulate municipal planning, including the appointment of an administrator where necessary. However, the provision must be read down to apply only where the association's dysfunction impedes the municipality's ability to perform its planning functions. In this case, the applicants have not demonstrated that the associations have ceased to function in a manner affecting municipal planning; the disputes are primarily relational and legal, concern…

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• Appointment Of Administrator
• Municipal Land Use Planning
• Ultra Vires Challenge
• Homeowners Association Governance
• Constitutional Interpretation
• Costs Order

Joni v Association On Mine Workers And Construction Union and Others (JS 413/20)

Joni v Association On Mine Workers And Construction Union and Others (JS 413/20) [2021] ZALCJHB 470 (22 November 2021)

Court

Labour Court Johannesburg

Case number

JS 413/20

Judge

Mabaso

The Labour Court set aside Joseph Mathunjwa’s 2019 AMCU presidency election prospectively, dismissed the claim against Jimmy Gama, and refused administrator relief.

• Trade Union Governance
• Locus Standi
• Ultra Vires
• Appointment Of Administrator
• Expulsion Of Union Member
• Trade-union-governance

Executive Council of the Western Cape Province and Others v Kannaland Local Municipality and Others (229/2021)

Executive Council of the Western Cape Province and Others v Kannaland Local Municipality and Others (229/2021) [2021] ZAWCHC 208 (7 October 2021)

Court

Western Cape High Court, Cape Town

Case number

229/2021

Judge

Lekhuleni

The court found that the provincial executive's intervention in Kannaland Local Municipality was unlawful and unconstitutional. The provincial executive failed to comply with the mandatory procedural requirements of section 139(5) of the Constitution and the MFMA, specifically by delegating the preparation of the financial recovery plan to the provincial treasury instead of the Municipal Financial Recovery Service (MFRS) of the national treasury. This usurpation of statutory duties violated the principle of legality and the separation of powers. Furthermore, the appointment of an Administrato…

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• Provincial Intervention In Local Government
• Financial Recovery Plan
• Separation Of Powers
• Legality Principle
• Appointment Of Administrator
• Termination Of Intervention