South Africa Case Law

Essack N.O v Thangavelu (AR358/2023; 9022/2007)

Essack N.O v Thangavelu (AR358/2023; 9022/2007) [2025] ZAKZPHC 8 (26 January 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR358/2023; 9022/2007

Judges

Mathenjwa, Poyo Dlwati, Bramdhew

The appellant failed to prove that he acquired the right of exclusive use of parking bay 20 within the legal framework of section 27 of the Sectional Titles Act. The evidence did not establish that Mr Westbrook had title to the parking bay when he purported to sell it to the appellant, nor that any error occurred in the conveyancing process or at the Registrar of Deeds that prevented the cession. The right of exclusive use was never transferred to Mr Westbrook or the appellant by notarial deed, and the appellant did not allege acquisition by means of the rules of the body corporate. The court…

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• Sectional Titles Act
• Exclusive Use Areas
• Onus Of Proof
• Registration Of Rights
• Conveyancing Error

Baxter v Ocean View Body Corporate and Others (A170/2022)

Baxter v Ocean View Body Corporate and Others (A170/2022) [2022] ZAWCHC 234; 2023 (2) SA 205 (WCC) (16 November 2022)

Court

Western Cape High Court, Cape Town

Case number

A170/2022

Judges

Binns-Ward, De Wet

The High Court granted condonation and upheld an appeal against a body corporate levy on exclusive use balconies, finding the levy conflicted with section 3(1)(c).

• Sectional Titles Schemes Management Act
• Exclusive Use Areas
• Levies
• Community Schemes Ombud Service Act
• Condonation
• Adjudicator Appeal Procedure

Greef v Body Corporate Merriman Court and Others (12716/2020)

Greef v Body Corporate Merriman Court and Others (12716/2020) [2021] ZAWCHC 274 (15 September 2021)

Court

Western Cape High Court, Cape Town

Case number

12716/2020

Judge

Ndita

The High Court held that the body corporate had approved the applicant’s extension plans and garage proposal, and ordered it to consider the 2019 plans.

• Sectional Titles Act
• Schemes Management Act
• Special Resolution Requirements
• Exclusive Use Areas
• Body Corporate Powers
• Prescription Of Rights

Le Roux v Dunrobin Body Corporate and Others (10268/2019)

Le Roux v Dunrobin Body Corporate and Others (10268/2019) [2020] ZAWCHC 53 (9 June 2020)

Court

Western Cape High Court, Cape Town

Case number

10268/2019

Judge

Wille

The court held that the applicant was entitled to cession of exclusive use rights over parking bay P12, granted interdictory relief over P13, and dismissed the counter-application.

• Sectional Titles
• Exclusive Use Areas
• Deeds Registries Act
• Declaratory Relief
• Interdict
• Transfer Of Real Rights

Britz v Sequeira (5071/2018)

Britz v Sequeira (5071/2018) [2020] ZAFSHC 81; [2020] 2 All SA 415 (FB) (20 March 2020)

Court

Free State High Court, Bloemfontein

Case number

5071/2018

Judge

Daffue

Although the general rule is that every co-owner is entitled to termination of joint ownership, the court found that the complex and intertwined financial relationships between the parties, including unresolved claims in the Pretoria High Court regarding close corporation interests and loan accounts, would render immediate termination unjust and inequitable. The respondent would be prejudiced if the property were sold before his claims are resolved, as he lacks the financial means to purchase the applicant's share or bid at auction. The alleged lifelong right of habitatio was dismissed as leg…

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• Termination Of Joint Ownership
• Actio Communi Dividendo
• Stay Of Proceedings
• Exclusive Use Areas
• Mortgage Bond Priority

Turley Manor Body Corporate v Pillay and Others (10662/18)

Turley Manor Body Corporate v Pillay and Others (10662/18) [2020] ZAGPJHC 190 (6 March 2020)

Court

South Gauteng High Court, Johannesburg

Case number

10662/18

Judge

Unterhalter

The court held that the right of appeal under section 57 of the Community Schemes Ombud Service Act is limited to questions of law and does not exclude the right to judicial review under PAJA. The adjudicator's order constituted administrative action and was thus reviewable. The dispute between Turley and Mr Pillay had been settled at conciliation, depriving the adjudicator of jurisdiction. Furthermore, the adjudicator lacked the statutory power to compel registration of garden areas as exclusive use areas, as such action requires a resolution of the members under the Sectional Titles Act. Th…

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• Community Schemes Ombud Service Act
• Review Of Adjudicator Order
• Exclusive Use Areas
• Sectional Titles Act
• Administrative Action
• Conciliation And Settlement

Mineur v Baydunes Body Corporate and Others (11020/2018)

Mineur v Baydunes Body Corporate and Others (11020/2018) [2019] ZAWCHC 59; [2019] 3 All SA 611 (WCC); 2019 (5) SA 260 (WCC) (24 May 2019)

Court

Western Cape High Court, Cape Town

Case number

11020/2018

Judge

J I Cloete

The court held that section 13(1)(g) of the Sectional Titles Schemes Management Act applies to any change in use of a section, including the conversion of garages to living quarters, where such change materially affects other owners. The definition of 'section' is determined by the sectional plan, and in the Baydunes Scheme, each section comprises living quarters and a garage, each with distinct intended uses. The conversion of garages deprives other owners of parking and impacts the use of common property, thus requiring unanimous written consent. The adoption of conduct rule 10 and special…

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• Sectional Titles Schemes Management Act
• Change Of Use Of Section
• Exclusive Use Areas
• Community Schemes Ombud Service Act
• Interpretation Of Statutes
• Municipal By Laws

Biccari and Another v Body Corporate of Shoreham and Others (8961/2015)

Biccari and Another v Body Corporate of Shoreham and Others (8961/2015) [2018] ZAWCHC 2; [2018] 2 All SA 36 (WCC); 2018 (3) SA 462 (WCC) (24 January 2018)

Court

Western Cape High Court, Cape Town

Case number

8961/2015

Judge

JH Loots

The High Court held that most disputed parking bay rights in the Shoreham sectional scheme were not validly transferred, but several respondents proved exclusive use rights.

• Sectional Titles Act
• Exclusive Use Areas
• Management Rules
• Deed Of Cession
• Common Property
• Costs Orders