South Africa Case Law

National Home Builders Registration Council v Adendorf and Others (406/2018)

National Home Builders Registration Council v Adendorf and Others (406/2018) [2019] ZASCA 20; 2019 (5) SA 317 (SCA) (26 March 2019)

Court

Supreme Court of Appeal

Case number

406/2018

Judges

Leach, Saldulker, Mbha, Dlodlo, Eksteen

The Supreme Court of Appeal held that the Housing Consumers Protection Measures Act is consumer-protection legislation intended to apply broadly to all entities engaged in home building, including trusts. Although the Act does not define 'person', its provisions, particularly sections 9 and 21, explicitly reference trusts and trustees, indicating legislative intent to include trusts within its ambit. The purpose of the Act is to protect housing consumers and ensure minimum standards in the home building industry. Excluding trusts would undermine these objectives and result in arbitrary and un…

Source excerpt

• Housing Consumers Protection Measures Act
• Definition Of Person
• Trusts In Property Development
• Registration Requirements
• Consumer Protection
• Statutory Interpretation

National Home Builders Registration Council v Andendorf NO and Others (1640/2015)

National Home Builders Registration Council v Andendorf NO and Others (1640/2015) [2018] ZALMPPHC 5 (14 February 2018)

Court

Limpopo High Court, Polokwane

Case number

1640/2015

Judge

G C Muller

The High Court held that a trust is not a “person” under the Housing Consumer Protection Measures Act and dismissed the NHBRC’s application with costs.

• Housing Consumer Protection Measures Act
• Definition Of Person
• Trusts And Juristic Persons
• Statutory Interpretation
• Statutory-interpretation
• Trust-law

National Home Builders Registration Council (NHBRC) v Botes NO and Others (18094/2006)

National Home Builders Registration Council (NHBRC) v Botes NO and Others (18094/2006) [2008] ZAGPHC 301 (20 August 2008)

Court

High Courts - Gauteng

Case number

18094/2006

Judge

Vorster AJ

The High Court held that a trust is not a “home builder” under the Housing Consumers Protection Measures Act, so the Act did not govern the trustees’ building activity.

• Housing Consumers Protection Measures Act
• Definition Of Person
• Trust Law
• Statutory Interpretation
• Statutory-interpretation
• Trust-law

Van Heerden and Another v Joubert NO and Others (577/92)

Van Heerden and Another v Joubert NO and Others (577/92) [1994] ZASCA 101; 1994 (4) SA 793 (AD); [1994] 2 All SA 468 (A) (19 August 1994)

Court

Supreme Court of Appeal

Case number

577/92

Judges

F H Grosskopf, Hefer, Harms, Nicholas, Mahomed

The court held that the Inquest Act does not cover a stillborn child, so the magistrate lacked jurisdiction to continue the inquest.

• Inquest Act Interpretation
• Jurisdiction Of Magistrate
• Definition Of Person
• Stillbirth And Legal Personality
• Inquest-act
• Statutory-interpretation