South Africa Case Law

Chundhur v Rampersad (D7934/2020)

Chundhur v Rampersad (D7934/2020) [2025] ZAKZDHC 24 (8 May 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D7934/2020

Judge

Henriques

The court found that while the applicant was entitled to seek relief for the encroachment, the circumstances of the case, including the history of the sectional title scheme, the conduct of the parties, and the disproportionate cost of demolition, rendered compensation a fair and equitable remedy. The respondent admitted the encroachment and tendered compensation. The court accepted the respondent's valuation of R11,500.00 as market-related and realistic. The points in limine regarding non-joinder and lis pendens were dismissed, as neither the body corporate, municipality, nor CSOS had a dire…

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• Encroachment
• Neighbour Law
• Compensation For Encroachment
• Joinder
• Lis Pendens
• Sectional Title Schemes

Bam v Holtzhausen and Others (2024-097438)

Bam v Holtzhausen and Others (2024-097438) [2025] ZAGPPHC 601 (21 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-097438

Judge

Mfenyana

The High Court stayed a magistrates’ court order appointing an administrator to a sectional title body corporate, pending rescission proceedings.

• Stay Of Execution
• Sectional Title Schemes
• Joinder
• Superior Courts Act Section 47
• Interim Interdict
• Stay-of-execution

Body Corporate of Green Meadow Country Estate v Ethekwini Municiplity (AR331/2023)

Body Corporate of Green Meadow Country Estate v Ethekwini Municiplity (AR331/2023) [2024] ZAKZPHC 118 (29 November 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR331/2023

Judges

Olsen, Steyn, Bramdhew

The High Court dismissed an appeal over municipal water billing for a sectional title estate, holding that new tariff arguments could not be raised on appeal.

• Municipal Water Tariffs
• Sectional Title Schemes
• Sliding Scale Tariff
• Domestic Vs Commercial Consumption
• Municipal-water-tariffs
• Sectional-title-schemes

Malakite Body Corporate and Another v City of Johannesburg Metropolitan Municipality and Another (A2023/050651)

Malakite Body Corporate and Another v City of Johannesburg Metropolitan Municipality and Another (A2023/050651) [2024] ZAGPJHC 397 (15 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2023/050651

Judges

L Windell, A Maier-Frawley, A Crutchfield

The High Court upheld commercial electricity billing for residential estates with gyms and restaurants, finding the mixed-use facilities were not ancillary to residential use.

• Municipal Tariffs
• Electricity Billing
• Mixed Use Property
• Sectional Title Schemes
• Municipal-tariffs
• Electricity-billing

PRASA Corporate Real Estate Solutions v Community Property Company Ltd and Another (384/2023)

PRASA Corporate Real Estate Solutions v Community Property Company Ltd and Another (384/2023) [2024] ZASCA 35 (28 March 2024)

Court

Supreme Court of Appeal

Case number

384/2023

Judges

Gorven, Matojane, Goosen

The Supreme Court of Appeal held that CPC had no contractual right under clause 17 and failed to prove unjustified enrichment. The appeal was upheld.

• Contractual Interpretation
• Unjustified Enrichment
• Cession Of Rights
• Prescription
• Indemnity
• Sectional Title Schemes

Chop Chop Connections (Pty) Ltd v Walker and Others (2200/2022)

Chop Chop Connections (Pty) Ltd v Walker and Others (2200/2022) [2024] ZAFSHC 33 (1 February 2024)

Court

Free State High Court, Bloemfontein

Case number

2200/2022

Judge

Lekhoaba

The High Court dismissed a sectional title encroachment application after finding the applicant lacked locus standi for non-compliance with section 9 of the Act.

• Sectional Title Schemes
• Locus Standi
• Exclusive Use Area
• Encroachment
• Curator Ad Litem
• Sectional-title-schemes

Mawela and Others v Body Corporate Kwikstertjie No: 884/2006 (7 December 2023) (2023/098779)

Mawela and Others v Body Corporate Kwikstertjie No: 884/2006 (7 December 2023) (2023/098779) [2023] ZAGPJHC 1481 (7 December 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023/098779

Judge

Pullinger

The court held that it lacked jurisdiction to grant the interim interdict sought by the applicants because the order authorising termination of water and electricity had already been executed. The principle of functus officio precludes the court from intervening in a final order that has been executed, except in limited circumstances not present here. Rule 45A does not apply post-execution, and the authorities cited by the applicants are distinguishable or irrelevant to the facts. The applicants' remedy lies in seeking rescission of the original order, not in an interim interdict. The executi…

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• Interim Interdict
• Functus Officio
• Execution Of Judgments
• Sectional Title Schemes

Body Corporate of SS Country View v City of Johannesburg Metropolitan Municipality and Another (079326/2023)

Body Corporate of SS Country View v City of Johannesburg Metropolitan Municipality and Another (079326/2023) [2023] ZAGPPHC 710 (22 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

079326/2023

Judge

Phooko

The court found that the applicant had established urgency, as the deprivation of water to 235 homes posed immediate and serious health risks, and substantial redress would not be possible if the matter were heard in the ordinary course. The disconnection of water supply was unlawful, as it was effected without the required 14-day notice and while a dispute was pending, contrary to section 102(2) of the Systems Act and the principles set out in Joseph v City of Johannesburg. The applicant was not in arrears and continued to pay for water services. The respondents' conduct amounted to impermis…

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• Municipal Services
• Interdictory Relief
• Procedural Fairness
• Urgent Application
• Self Help
• Sectional Title Schemes

Malakite Body Corporate and Another v City of Johannesburg Metropolitan Municipality and Another (2019/24664)

Malakite Body Corporate and Another v City of Johannesburg Metropolitan Municipality and Another (2019/24664) [2023] ZAGPJHC 54 (26 January 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2019/24664

Judge

Van der Berg

The High Court granted leave to appeal over whether sectional title lifestyle centres should be billed on domestic or business electricity tariffs.

• Municipal Tariffs
• Electricity Billing
• Domestic Vs Business Tariff
• Sectional Title Schemes
• Municipal-tariffs
• Electricity-billing

Dlamini v Van Den Bos N.O.: In re: Van Den Bos v Dlamini and Others (32507/2021)

Dlamini v Van Den Bos N.O.: In re: Van Den Bos v Dlamini and Others (32507/2021) [2022] ZAGPJHC 673 (12 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

32507/2021

Judge

Matojane

The High Court dismissed a rescission application against a default execution order, finding the administrator had standing and no error appeared on the record.

• Rescission Of Judgment
• Sectional Title Schemes
• Default Judgment
• Writ Of Execution
• Rule 42
• Rule 46a