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Land And Property [2025] ZAKZPHC 40

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

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

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…

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