Body Corporate of Duroc Centre v Singh (AR99/18)
Body Corporate of Duroc Centre v Singh (AR99/18) [2019] ZAKZPHC 29; 2019 (6) SA 45 (KZP) (13 May 2019)
The court held that Dr Singh lacked the necessary locus standi to institute the dispute before the Community Schemes Ombud, as he was neither the owner of the units nor a materially affected party. The adjudicator failed to make a finding on standing before considering the merits, which was a material error of law. The statutory right to lodge a dispute is reserved for owners or those materially affected by the scheme, and mere authority from the owner does not confer standing. Consequently, the appeal was upheld on this narrow legal ground, and the adjudicator's order was set aside.
Source excerpt
- Community Schemes Ombud Service Act
- Locus Standi
- Statutory Appeal
- Sectional Titles Schemes Management
- Judicial Review Analogy