South Africa Case Law

Zikalala v Body Corporate of Selma Court and Another (AR255/2020)

Zikalala v Body Corporate of Selma Court and Another (AR255/2020) [2021] ZAKZPHC 81; 2022 (2) SA 305 (KNP) (23 September 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR255/2020

Judges

Chetty, Olsen

The court held that the trustees of the body corporate lacked the legal authority to compromise the claim for outstanding levies, costs, and interest for less than the full amount due. The statutory framework, specifically the Sectional Titles Schemes Management Act and the prescribed management rules, imposes a mandatory duty on the body corporate to collect all amounts lawfully owed by sectional owners. The acceptance of the appellant's settlement offer by two trustees was ultra vires, as there was no resolution of owners authorising such compromise, nor any express or implied statutory pow…

Source excerpt

• Sectional Titles Schemes Management Act
• Levy Collection
• Ultra Vires
• Settlement Agreements
• Powers Of Trustees

Ex parte: Rabie and Others (4906/2009)

Ex parte: Rabie and Others (4906/2009) [2009] ZAFSHC 132 (12 November 2009)

Court

Free State High Court, Bloemfontein

Case number

4906/2009

Judge

M H Rampai

The court declared a restrictive testamentary condition unenforceable and granted trustees broader powers to manage a testamentary trust, subject to oversight.

• Testamentary Trust
• Restrictive Conditions In Wills
• Fideicommissary Property
• Powers Of Trustees
• Testamentary-trust
• Restrictive-conditions-in-wills

Catwalk Investments 206 (Pty) Limited and Another v Silver Lakes Home Owners Association and Another (12614/2003)

Catwalk Investments 206 (Pty) Limited and Another v Silver Lakes Home Owners Association and Another (12614/2003) [2005] ZAGPHC 329 (6 September 2005)

Court

High Courts - Gauteng

Case number

12614/2003

Judge

F G Preller

The court held that the homeowners association trustees validly exempted the golf club from noisy-mower restrictions under the association’s articles, and dismissed the application with costs.

• Articles Of Association
• Powers Of Trustees
• Community Rules
• Exemption From House Rules
• Articles-of-association
• Homeowners-association

Erwee NO en 'n Ander v Erwee NO en Andere (3714/2003)

Erwee NO en 'n Ander v Erwee NO en Andere (3714/2003) [2004] ZAFSHC 1; [2006] 1 All SA 626 (O) (29 January 2004)

Court

Free State High Court, Bloemfontein

Case number

3714/2003

Judge

Cillié, R

The court held that a trust deed gave the founder a right to nominate, not unilaterally appoint, additional trustees, so the appointments were invalid.

• Trust Deed Interpretation
• Appointment Of Trustees
• Powers Of Trustees
• Procedural Irregularity
• Trust Property Management
• Trust-deed-interpretation