Bundu Rocky Wildpark NPC v Kopkrap Beleggings 3 (Pty) Limited (1618/2017)
Bundu Rocky Wildpark NPC v Kopkrap Beleggings 3 (Pty) Limited (1618/2017) [2018] ZAGPPHC 415 (12 June 2018)
The court found that the appellant, as the representative body managing the affairs of the home owners in the estate, had sufficient nexus to the relief sought and was entitled to bring the mandament van spolie application both in its own capacity and on behalf of its members. The concession by the respondent that the appellant was acting in the interests of its members was decisive. The court held that the issue of locus standi was intertwined with the merits and should not have been decided as a preliminary point. The removal of the water pressure pump affected the collective rights of the…
Source excerpt
- Mandament Van Spolie
- Locus Standi
- Group Representative Action
- Section 38 Constitution