Roodeberg Residents Association NPC v Drakenstein Municipality and Others (15768/2023) [2024] ZAWCHC 271 (19 September 2024)
Court
Western Cape High Court, Cape Town
Case number
15768/2023
Judge
Nziweni
The High Court ordered costs against a residents association after it withdrew an urgent application on the eve of hearing, finding it was not genuine public interest litigation.
Franschhoek Claimants Trust v Executive Mayor Stellenbosch Local Municipality and Others (5057/2022) [2023] ZAWCHC 104 (12 April 2023)
Court
Western Cape High Court, Cape Town
Case number
5057/2022
Judge
Mangcu-Lockwood
The court found that the first respondent, as appeal authority, possessed wide powers under the By-Law to consider not only procedural compliance but also substantive issues raised in the appeals, including the mandate of trustees and proof of authorisation. However, the first respondent erred by failing to properly consider the Letters of Authority, which established the trustees' authority, and by taking into account irrelevant considerations regarding the form and timing of authorisation documents. The court held that the requirements of section 38(1)(b) and (c) were met, as the consent do…
Mare and Others v Akarana Home Owners Association and Others (10147/2019) [2022] ZAWCHC 20 (28 February 2022)
Court
Western Cape High Court, Cape Town
Case number
10147/2019
Judge
E D Wille
Section 30(1)(c) of the Drakenstein Municipality By-Law is not ultra vires or invalid, as a local authority has constitutional and statutory powers to regulate municipal planning, including the appointment of an administrator where necessary. However, the provision must be read down to apply only where the association's dysfunction impedes the municipality's ability to perform its planning functions. In this case, the applicants have not demonstrated that the associations have ceased to function in a manner affecting municipal planning; the disputes are primarily relational and legal, concern…
Maremmana Home Owners' Association v Melnic Wine Solutions CC and Others (16839/2018) [2020] ZAWCHC 20 (11 March 2020)
Court
Western Cape High Court, Cape Town
Case number
16839/2018
Judge
Binns-Ward
The High Court held that a homeowners’ association could not enforce subdivision and transfer of land under the sale clauses, and dismissed the application.
