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High Court of South Africa Western Cape, Cape Town

Currently serving on the bench:

Judge President N P Mabindla-Boqwana

Deputy Judge President P L Goliath

Judge N C Erasmus

Judge R Allie

Judge T C Ndita

Judge A Le Grange

Judge V C Saldanha

Judge C M J Fortuin

Judge M I Samela

Judge R C A Henney

Judge M J Dolamo

Judge J I Cloete

Judge B P Mantame

Judge K M Savage

Judge G Salie Da Silva

Judge L Nuku

Judge E D Wille

Judge T Papier

Judge M K Parker

Judge M Sher

Judge S Kusevitsky

Judge H M Slingers

Judge M Francis

Judge N Mangcu-Lockwood

Judge J D Lekhuleni

Judge D M Thulare

Judge C N Nziweni

Judge M Holderness

Judge M Pangarker

Judge N E Ralarala

 

Physical address
Physical: 35 Keerom Street, Cape Town, 8000 Post: Private Bag X 9020, Cape Town, 8001
1 judgment

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1 judgment
Citation
Judgment date
May 2025
Trustees exceeded their powers by approving and condoning building-plan deviations from the association's Architectural Guidelines without proper application.
Administrative law – review of body corporate/ homeowners association decisions – ultra vires acts by trustees – approval and condonation of building plans contrary to constitutional enforcement duties. Property / community schemes – Architectural Guidelines – requirement of compliance with prescribed roof pitch; condonation cannot be granted without an application engaging discretion. Civil procedure – non-joinder and alternative dispute-resolution (internal clause / CSOS) – High Court competent to review legality; non-joinder and failure to use internal remedies not fatal where no interest shown.
28 May 2025