South Africa Case Law

Henque 1838 CC v Maxprop Holdings (Pty) Ltd and Others (759/2022)

Henque 1838 CC v Maxprop Holdings (Pty) Ltd and Others (759/2022) [2023] ZASCA 131 (12 October 2023)

Court

Supreme Court of Appeal

Case number

759/2022

Judges

Ponnan, Meyer, Goosen, Molefe, Mali

The claims asserted by the appellant for repayment of funds and correction of financial statements are claims belonging to the body corporate under section 2(7) of the Sectional Title Schemes Management Act. The appellant, as a sectional title owner, was required to follow the statutory procedure set out in section 9, which includes serving written notice on the body corporate and, if necessary, applying for the appointment of a curator ad litem. The appellant did not comply with these requirements and did not establish a direct and substantial interest in the relief claimed. The loss alleged…

Source excerpt

• Sectional Title Schemes Management Act
• Locus Standi
• Curator Ad Litem
• Body Corporate Powers
• Levy Calculation

Henque 1838 CC v Body Corporate of Kirtlington Park (3614/2021)

Henque 1838 CC v Body Corporate of Kirtlington Park (3614/2021) [2022] ZAKZDHC 42 (29 September 2022)

Court

Kwazulu-Natal High Court, Durban

Case number

3614/2021

Judge

Mlaba AJ

The court found that the amended management rule 31.1, which required all owners to pay equal levies regardless of the size of their units, was adopted without obtaining written consent from owners adversely affected by the change, as required by section 32(4) of the Sectional Titles Act. The fact that the applicant was not an owner at the time of the amendment does not preclude it from being adversely affected as the current owner. The respondent's historical practice of charging equal levies was unlawful and did not negate the statutory requirement for written consent. The applicant demonst…

Source excerpt

• Sectional Titles Act
• Levy Calculation
• Management Rules
• Ultra Vires
• Locus Standi

Chairperson of the North West Gambling Board & Another v Sun International (SA) Limited (1214/2019)

Chairperson of the North West Gambling Board & Another v Sun International (SA) Limited (1214/2019) [2021] ZASCA 176 (14 December 2021)

Court

Supreme Court of Appeal

Case number

1214/2019

Judges

Van Der Merwe, Schippers, Mbatha, Phatshoane, Weiner

The SCA refused condonation for late filing of the appeal record and heads of argument, finding repeated, unexplained non-compliance with its Rules.

• Condonation
• Late Filing Of Record
• Reinstatement Of Appeal
• Gross Gaming Revenue
• Levy Calculation
• Appeal-procedure

Amberfield Glen Home Owners Association (NPC) v Body Corporate of Onyx Park (69726/2015)

Amberfield Glen Home Owners Association (NPC) v Body Corporate of Onyx Park (69726/2015) [2017] ZAGPPHC 782 (24 November 2017)

Court

North Gauteng High Court, Pretoria

Case number

69726/2015

Judge

Cox

The High Court held that a body corporate was liable for levies calculated by the number of living units on its erf and ordered payment of arrears, interest, and costs.

• Levy Calculation
• Sectional Titles Act
• Memorandum Of Incorporation
• Joint And Several Liability
• Home Owners Association
• Conditio Indebiti