South Africa Case Law

Khutso Naketsi Communal Property Association v Khutso Naketsi Agri (Pt) Ltd and Others

Khutso Naketsi Communal Property Association v Khutso Naketsi Agri (Pt) Ltd and Others [2023] ZAGPPHC 394; 61961/2022 (25 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

61961/2022

Judge

K Strydom

The High Court held that a share transfer agreement was void for lack of authority under the CPA constitution, and confirmed the applicant’s 70% shareholding.

• Communal Property Association Act
• Share Transfer Agreement
• Authority Of Signatory
• Lis Alibi Pendens
• Removal Of Directors
• Special Resolution Requirements

Bila and Others v Monterey Body Corporate and Others (2021/5060)

Bila and Others v Monterey Body Corporate and Others (2021/5060) [2021] ZAGPJHC 882 (24 November 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2021/5060

Judge

A Friedman

The applicants failed to establish that Mr van den Bos was in contempt of the previous court order, as the evidence does not show intentional disregard. The AGM was convened in compliance with the order, and the members exercised their right under the Management Rules to appoint an executive managing agent. However, the process may not have met the special resolution requirements, but this issue was not properly pleaded or canvassed. The substantive complaints regarding governance, levies, and meetings fall within the jurisdiction of the Community Schemes Ombud Service, not the High Court. Th…

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• Sectional Titles Schemes Management Act
• Community Schemes Ombud Service Act
• Civil Contempt
• Special Resolution Requirements
• Body Corporate Governance

Greef v Body Corporate Merriman Court and Others (12716/2020)

Greef v Body Corporate Merriman Court and Others (12716/2020) [2021] ZAWCHC 274 (15 September 2021)

Court

Western Cape High Court, Cape Town

Case number

12716/2020

Judge

Ndita

The High Court held that the body corporate had approved the applicant’s extension plans and garage proposal, and ordered it to consider the 2019 plans.

• Sectional Titles Act
• Schemes Management Act
• Special Resolution Requirements
• Exclusive Use Areas
• Body Corporate Powers
• Prescription Of Rights

Drakenberg Body Corporate and Others v Trafalgar Property Management and Others (14470/2021)

Drakenberg Body Corporate and Others v Trafalgar Property Management and Others (14470/2021) [2021] ZAGPPHC 682 (29 April 2021)

Court

North Gauteng High Court, Pretoria

Case number

14470/2021

Judge

MJ Mosopa

The court found that the management agreement between the first applicant and first respondent had lapsed by effluxion of time prior to the institution of the application. Although the body corporate failed to comply with the statutory requirement of 30 days' notice for a special resolution, this non-compliance was not fatal to the termination by effluxion of time. The first respondent's continued involvement was not justified, and its obligation to hand over books of account, financial statements, monies, and reserve funds remained. The petition to remove the trustees was declared invalid as…

Source excerpt

• Sectional Title Management
• Termination Of Management Agreement
• Special Resolution Requirements
• Fiduciary Duties Of Managing Agent
• Urgent Interdict
• Body Corporate Governance