South Africa Case Law

van Vuuren v WJB Stieger Konstruksie (Pty) Ltd (2319/2020)

van Vuuren v WJB Stieger Konstruksie (Pty) Ltd (2319/2020) [2023] ZANWHC 212 (17 November 2023)

Court

North West High Court, Mafikeng

Case number

2319/2020

Judge

FMM Reid

The court found that, on the facts, it was reasonable for the respondent to expect the applicant to repair the construction defects up to 5 October 2018. The cause of action therefore arose on that date, and the summons was issued within the three-year prescription period. The application for leave to appeal raised grounds that another court might come to a different conclusion regarding the application of prescription principles to the facts. Given the complexity and factual uniqueness of the matter, the court held that leave to appeal should be granted to the Full Court of the Division, as…

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• Prescription
• Contractual Damages
• Housing Consumer Protection Measures Act
• Date Cause Of Action Arose

Stuart and Another v National Home Builders Registration Council (89999/2018)

Stuart and Another v National Home Builders Registration Council (89999/2018) [2021] ZAGPPHC 171 (29 March 2021)

Court

North Gauteng High Court, Pretoria

Case number

89999/2018

Judge

N Janse Van Nieuwenhuizen

The respondent's refusal to exempt the applicants as owner builders was based on an incorrect interpretation of the Housing Consumer Protection Measures Act, as the Act does not require owner builders to undertake a technical assessment for exemption. The precedent in Ruiters v Minister of Human Settlements and Another is directly applicable and binding. The respondent's failure to apply the law correctly constitutes a reviewable irregularity. Given the lapse of time and the absence of any factual dispute, the court is in as good a position as the respondent to make the decision. Exceptional…

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• Judicial Review
• Owner Builder Exemption
• Housing Consumer Protection Measures Act
• Substitution Order
• Administrative Action
• Technical Assessment Requirement

Marde (Pty) Limited v J Con Construction (Pty) Limited In Re J Con Construction (Pty) Limited v Marde (Pty) Limited (947/2020)

Marde (Pty) Limited v J Con Construction (Pty) Limited In Re J Con Construction (Pty) Limited v Marde (Pty) Limited (947/2020) [2020] ZAFSHC 263 (20 August 2020)

Court

Free State High Court, Bloemfontein

Case number

947/2020

Judge

S Grobler

The High Court dismissed an exception, holding that the Housing Consumer Protection Measures Act does not plainly extend to alterations to an existing home.

• Exception To Summons
• Cause Of Action
• Housing Consumer Protection Measures Act
• Statutory Interpretation
• Exception-to-summons
• 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

Fairleads Electrical CC v Mare (12587/16)

Fairleads Electrical CC v Mare (12587/16) [2017] ZAGPPHC 343 (28 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

12587/16

Judge

Nkosi

The court dismissed an exception to particulars of claim, holding that disputed facts about the agreement and alleged home-builder status required trial evidence.

• Exception Procedure
• Cause Of Action
• Housing Consumer Protection Measures Act
• Verbal Agreement
• Pleading Requirements
• Exception-procedure