South Africa Case Law

Melki Propdev Initiatives (Pty) Ltd v Cunningham (AR39/2024)

Melki Propdev Initiatives (Pty) Ltd v Cunningham (AR39/2024) [2025] ZAKZPHC 40 (24 April 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR39/2024

Judges

Henriques, N Nako, Mlaba

The court found that clause 11.7 of the sale agreement unlawfully and unfairly restricted the respondent's and other owners' rights to vote for trustees and the chairperson of the body corporate, contrary to the Sectional Titles Act and prescribed management rules. The clause unduly favoured the developer, was perpetual in effect, and violated public policy as informed by constitutional values. The court held that the principle of pacta sunt servanda does not override considerations of fairness and public policy. The non-joinder of other owners and the body corporate was not fatal, as they wo…

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• Sectional Titles Act
• Management Rules
• Public Policy In Contract
• Joinder
• Condonation
• Severance Of Contract Terms

Osho Property Ventures (Pty) Limited v Body Corporate Construction Park and Others (46109/2021)

Osho Property Ventures (Pty) Limited v Body Corporate Construction Park and Others (46109/2021) [2025] ZAGPPHC 281 (13 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

46109/2021

Judge

E M Kubushi

The court held that the applicant, as a prospective purchaser, cannot rely on the defence of prescription to limit liability for arrear levies owed to the body corporate. The statutory embargo in section 15B(3) of the Sectional Titles Act entitles the body corporate to refuse to issue a levy clearance certificate until all amounts due are paid, regardless of any contractual arrangements between the applicant and the liquidators. The body corporate is not bound by the sale agreement, as it was not a party to it, and its statutory right to withhold the certificate remains unaltered. The applica…

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• Sectional Titles Act
• Levy Clearance Certificate
• Prescription Of Debt
• Statutory Embargo
• Specific Performance

Essack N.O v Thangavelu (AR358/2023; 9022/2007)

Essack N.O v Thangavelu (AR358/2023; 9022/2007) [2025] ZAKZPHC 8 (26 January 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR358/2023; 9022/2007

Judges

Mathenjwa, Poyo Dlwati, Bramdhew

The appellant failed to prove that he acquired the right of exclusive use of parking bay 20 within the legal framework of section 27 of the Sectional Titles Act. The evidence did not establish that Mr Westbrook had title to the parking bay when he purported to sell it to the appellant, nor that any error occurred in the conveyancing process or at the Registrar of Deeds that prevented the cession. The right of exclusive use was never transferred to Mr Westbrook or the appellant by notarial deed, and the appellant did not allege acquisition by means of the rules of the body corporate. The court…

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• Sectional Titles Act
• Exclusive Use Areas
• Onus Of Proof
• Registration Of Rights
• Conveyancing Error

Body Corporate of San Sydney v Shivani Singh and Others (779/2023)

Body Corporate of San Sydney v Shivani Singh and Others (779/2023) [2024] ZASCA 169 (9 December 2024)

Court

Supreme Court of Appeal

Case number

779/2023

Judges

Dambuza, Smith, Molopa-Sethosa, Koen, Molitsoane

The Supreme Court of Appeal held that the right of extension under s 25(6) of the Sectional Titles Act, once the developer's right has lapsed, vests in the body corporate and may be exercised, alienated, or ceded subject to written consent of all owners and mortgagees. The sale and cession of the right of extension does not constitute an alienation of common property requiring a unanimous resolution under s 5(1)(a) of the STSMA, but rather a cession of a limited real right. The respondent's withholding of consent was not without good cause in law, as she had not been provided with sufficient…

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• Sectional Titles Act
• Right Of Extension
• Alienation Of Real Rights
• Consent Of Owners
• Participation Quotas
• Good Cause In Law

Lee v Chelston Hall Body Corporate (Reasons) (2023/024848)

Lee v Chelston Hall Body Corporate (Reasons) (2023/024848) [2024] ZAGPJHC 1034 (14 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/024848

Judge

Cajee

The High Court dismissed an application for security for costs in a property dispute, holding that the respondent’s retransfer claim was vindicatory and the applicant’s repayment claim was a separate counterclaim.

• Security For Costs
• Rei Vindicatio
• Unjust Enrichment
• Sectional Titles Act
• Sale Of Immovable Property
• Security-for-costs

Nedbank Limited and Another v Eldin and Others (40418/2017)

Nedbank Limited and Another v Eldin and Others (40418/2017) [2024] ZAGPJHC 758 (16 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

40418/2017

Judge

N.J. Graves

High Court confirmed a sale in execution after the reserve price was not met, rejected postponement, and awarded costs against the respondent.

• Sale In Execution
• Reserve Price
• Sectional Titles Act
• Judgment Enforcement
• Levies And Rates
• Sale-in-execution

Body Corporate of Balboa Park v Skeyi and Another (2023-061020)

Body Corporate of Balboa Park v Skeyi and Another (2023-061020) [2024] ZAGPJHC 361 (12 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023-061020

Judge

EF Dippenaar

The court held that neither the Sectional Titles Act, the Sectional Titles Schemes Management Act, nor the management or conduct rules expressly confer on a body corporate the power to disconnect electricity or limit water supply to defaulting owners. The applicants failed to establish that such powers are implied, ancillary, or incidental, as the test for implication requires necessity, not mere convenience. The resolutions authorising the applications were ultra vires, having been passed by trustees rather than at a general meeting, and purporting to exercise powers not conferred by statute…

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• Sectional Titles Schemes Management Act
• Sectional Titles Act
• Implied Powers
• Levy Collection
• Constitutional Rights Limitation
• Mandament Van Spolie

Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd and Others (773/2022)

Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd and Others (773/2022) [2024] ZASCA 40 (4 April 2024)

Court

Supreme Court of Appeal

Case number

773/2022

Judges

Ponnan, Mabindla-Boqwana, Goosen, Tolmay, Bloem

The Supreme Court of Appeal held that Savannah failed to establish any additional factor or criterion required for special leave to appeal under section 16(1)(b) of the Superior Courts Act. The applicant did not demonstrate reasonable prospects of success, nor did it show any special circumstances warranting the grant of special leave. The sale of Erf 445 and subsequent development into sectional title units rendered the relief sought impossible, as the property had been transferred to third parties and the body corporate. Savannah failed to amend its particulars of claim or join necessary pa…

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• Special Leave To Appeal
• Impossibility Of Performance
• Sectional Titles Act
• Companies Act Section 228
• Transfer Of Property
• Body Corporate Membership

Kilbourn v Zwemstra N.O. and Others (24858/2020)

Kilbourn v Zwemstra N.O. and Others (24858/2020) [2023] ZAGPPHC 1938 (14 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

24858/2020

Judge

Swanepoel

The High Court dismissed an application about a retirement village trust, PAIA access, trust termination, and an administrator, with punitive costs.

• Sectional Titles Act
• Trust Termination
• Fiduciary Duties
• Promotion Of Access To Information Act
• Appointment Of Administrator
• Declaratory Orders

Body Corporate of Marsh Rose v Steinmuller and Others (149/2022)

Body Corporate of Marsh Rose v Steinmuller and Others (149/2022) [2023] ZASCA 143; 2024 (2) SA 270 (SCA) (2 November 2023)

Court

Supreme Court of Appeal

Case number

149/2022

Judges

Dambuza, Zondi, Molemela, Goosen, Molefe

The Supreme Court of Appeal held that the statutory embargo under s 15B(3)(a)(i)(aa) of the Sectional Titles Act entitles the body corporate to refuse to issue a clearance certificate until all monies due to it in respect of the property have been paid or provision made to its satisfaction. The purchaser at a sale in execution acquires rights only against the sheriff and not the body corporate. The body corporate is not bound by the conditions of sale and its statutory rights remain unaffected. The high court's order requiring the body corporate to issue a clearance certificate and to institu…

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• Sectional Titles Act
• Clearance Certificate
• Sale In Execution
• Statutory Embargo
• Transfer Of Property