South Africa Case Law

Mjejane Game Reserve Homeowners' Association v Community Schemes Ombud Services and Others (Leave to Appeal) (2023/059686)

Mjejane Game Reserve Homeowners' Association v Community Schemes Ombud Services and Others (Leave to Appeal) (2023/059686) [2025] ZAGPPHC 620 (12 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023/059686

Judge

Lesufi

The High Court granted leave to appeal in a dispute about CSOS jurisdiction, conciliation, and whether private HOA rules can override statutory remedies.

• Community Schemes Ombud Service Act
• Leave To Appeal
• Jurisdiction
• Review Of Administrative Action
• Condonation
• Public Vs Private Remedies

Peacanwood Estate Homeowners' Association NPC v Ntsanwisi and Another (2066/2020)

Peacanwood Estate Homeowners' Association NPC v Ntsanwisi and Another (2066/2020) [2025] ZANWHC 144 (22 April 2025)

Court

North West High Court, Mafikeng

Case number

2066/2020

Judge

J T Maodi

High Court holds the Community Schemes Ombud Service Act does not oust its jurisdiction over levy recovery; defendants’ referral plea was dismissed.

• Community Schemes Ombud Service Act
• Concurrent Jurisdiction
• Levy Recovery
• Forum Non Conveniens
• Community-schemes-ombud-service-act
• Concurrent-jurisdiction

Trustees of the Body Corporate of Sweetwaters v Chetty and Others (11936/23)

Trustees of the Body Corporate of Sweetwaters v Chetty and Others (11936/23) [2024] ZAKZDHC 93 (5 December 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

11936/23

Judge

Ploos van Amstel

The court found that the applicant did not receive notice of the dispute or hearing and acted promptly upon learning of the adjudication order. The delay in lodging the appeal was explained by the applicant's attempt to seek rescission, which was not responded to by the Ombud. The court held that condonation should be granted in the interests of justice, as the applicant faced significant prejudice from the adjudication order. On the merits, the court determined that the first respondent, acting solely under a power of attorney and not as an owner or materially affected party, lacked locus st…

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• Community Schemes Ombud Service Act
• Locus Standi
• Condonation Of Late Appeal
• Adjudication Order
• Authority To Lodge Dispute

Hanekom N O and Others v Nuwekloof Private Game Reserve Farm Owners Association (502/2023)

Hanekom N O and Others v Nuwekloof Private Game Reserve Farm Owners Association (502/2023) [2024] ZASCA 154; 2025 (2) SA 128 (SCA) (12 November 2024)

Court

Supreme Court of Appeal

Case number

502/2023

Judges

Ponnan, Makgoka, Weiner, Mantame, Masipa

The Supreme Court of Appeal held that it lacked jurisdiction to entertain the appeal because the high court sat as a court of first instance in a statutory appeal from the CSOS adjudicator. The appellants failed to seek leave to appeal from the high court as required by s 16(1)(a) of the Superior Courts Act. The order granting special leave to appeal by the Supreme Court of Appeal was a nullity. The Court rejected the argument that its inherent powers under s 173 of the Constitution could be used to assume jurisdiction, confirming that such powers do not extend to matters where jurisdiction i…

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• Leave To Appeal
• Jurisdiction Of Supreme Court Of Appeal
• Community Schemes Ombud Service Act
• Statutory Appeals
• Administrative Action

Mogashoa and Others v Zwavel's Nest Homeowners Association (Pty) Ltd and Others (30715/2021)

Mogashoa and Others v Zwavel's Nest Homeowners Association (Pty) Ltd and Others (30715/2021) [2024] ZAGPPHC 986 (26 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

30715/2021

Judge

Williams

The application before the court, although purporting to be an appeal under section 57 of the Community Schemes Ombud Service Act, is not a valid appeal as it was brought by notice of motion rather than notice of appeal. The procedure adopted by the applicants is fundamentally defective and cannot be condoned. The applicants failed to remedy the procedural defect despite being alerted to it and did not seek proper condonation. The setting down of the main application was not irregular, and the application is declared a nullity. The applicants are not precluded from launching a proper appeal a…

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• Community Schemes Ombud Service Act
• Condonation
• Irregular Proceedings
• Notice Of Appeal
• Penalties For Noncompliance

Prokopes N.O and Others v Limelight Property Solutions CC and Another (12884/2023)

Prokopes N.O and Others v Limelight Property Solutions CC and Another (12884/2023) [2024] ZAWCHC 274 (23 September 2024)

Court

Western Cape High Court, Cape Town

Case number

12884/2023

Judge

Gordon-Turner

High Court contempt sanction matter over failure to hand over body corporate documents, with mental health raised in mitigation but no admissible incapacity proved.

• Contempt Of Court
• Community Schemes Ombud Service Act
• Attorney Authority Challenge
• Sanction Variation
• Contempt-of-court
• Civil-procedure

Meyersdal Nature Estate Home Owner's Association v Lawlor and Others (A2022/011659)

Meyersdal Nature Estate Home Owner's Association v Lawlor and Others (A2022/011659) [2024] ZAGPJHC 931 (11 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2022/011659

Judges

JL Bhengu, Wanless

High Court appeal under the CSOS Act dismissed after condonation failed and the appellant could not show legal error in the adjudicator’s fence-fencing ruling.

• Community Schemes Ombud Service Act
• Condonation
• Architectural Guidelines
• Penalty Clauses
• Audi Alteram Partem
• Promotion Of Administrative Justice Act

Bella Rosa Three Home Owners Association v Brandt and Others (A39/2023)

Bella Rosa Three Home Owners Association v Brandt and Others (A39/2023) [2024] ZAWCHC 267 (6 September 2024)

Court

Western Cape High Court, Cape Town

Case number

A39/2023

Judges

Mangcu-Lockwood, Saldanha

The Court held that the CSOS adjudicator had jurisdiction to determine the dispute regarding building penalties, as the Act provides a broad dispute resolution mechanism for financial issues in community schemes, including penalties. The first respondent's application was not time-barred under section 41(1) because she did not seek an order declaring a decision void, but rather challenged the fairness and validity of the penalties. The appellant failed to afford the first respondent an opportunity to remedy the breach or make submissions, despite the constitution contemplating possible agreem…

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• Community Schemes Ombud Service Act
• Building Penalties
• Procedural Fairness
• Contractual Obligations
• Review Of Administrative Action
• Appeal On Question Of Law

Zybutz v Body Corporate of Helianthus and Others (17944/23)

Zybutz v Body Corporate of Helianthus and Others (17944/23) [2024] ZAWCHC 233 (2 September 2024)

Court

Western Cape High Court, Cape Town

Case number

17944/23

Judge

Sidaki

The High Court held that a CSOS Adjudicator wrongly declined jurisdiction over a dispute about body corporate refusal of special resolutions for building plans.

• Community Schemes Ombud Service Act
• Sectional Title Schemes Management Act
• Jurisdiction Of Adjudicator
• Reasonableness Of Body Corporate Decisions
• Community-schemes-ombud-service
• Sectional-title-schemes

Davidson v Trustees of Macedon Body Corporate N.O and Others (2022/061232)

Davidson v Trustees of Macedon Body Corporate N.O and Others (2022/061232) [2024] ZAGPJHC 846 (30 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/061232

Judges

A P Den Hartog, L Windell

The High Court granted condonation, upheld an appeal against a CSOS adjudication order, set the order aside, and referred the matter back for fresh adjudication.

• Community Schemes Ombud Service Act
• Condonation
• Adjudication Procedure
• Dispute Of Fact
• Interest Calculation
• Scope Of Relief