Singh and Another v Mount Edgecombe Country Club Estate Management Association Two (RF) (NPC) and Others (AR575/2016)
Singh and Another v Mount Edgecombe Country Club Estate Management Association Two (RF) (NPC) and Others (AR575/2016) [2017] ZAKZPHC 48; [2018] 1 All SA 279 (KZP); 2018 (1) SA 615 (KZP) (17 November 2017)
The court held that the roads within the estate are public roads, and the regulatory regime governing them is statutory, not contractual. The first respondent's conduct rules imposing speed limits, policing traffic, and restricting access were found to be in direct conflict with the National Road Traffic Act, which vests such powers only in statutory authorities. The respondent had not obtained the necessary authorisation from the Minister, MEC, or municipality as required by law. The contractual arrangement between the association and its members cannot override statutory provisions or const…
Source excerpt
- Public Roads Regulation
- Contractual Arrangements In Gated Estates
- Legality Principle
- Constitutional Rights Of Domestic Workers
- National Road Traffic Act
- Public Policy And Contract