Ncala v Park Avenue Body Corporate (A3029/2019)
Ncala v Park Avenue Body Corporate (A3029/2019) [2023] ZAGPJHC 390 (28 April 2023)
The court held that it does not have a general power to condone non-compliance with the statutory time period for appeals under section 57(2) of the Community Scheme Ombud Service Act, nor does section 57(2) contain an implied power to condone late appeals. The appellant failed to provide a satisfactory explanation for the delay in seeking condonation and did not demonstrate reasonable prospects of success on the merits. The relief sought by the appellant, including declarations of constitutional infringements and orders for reasonable accommodation, was found to be incompetent under the Act,…
Source excerpt
- Community Scheme Ombud Service Act
- Condonation Of Late Appeal
- Adjudicator Powers
- Constitutional Rights In Property Disputes
- Costs In Constitutional Litigation