Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Constitutional Court cites UP professor in landmark copyright judgment

August 22, 2026

The truth about estate gate licence scans that everyone is getting wrong

Sponsor: My Estate LifeAugust 22, 2026

How body corporate meetings are chaired and regulated in sectional title schemes

August 21, 2026
Facebook X (Twitter) Instagram
Trending
  • Constitutional Court cites UP professor in landmark copyright judgment
  • The truth about estate gate licence scans that everyone is getting wrong
  • How body corporate meetings are chaired and regulated in sectional title schemes
  • Displaced Grade 12 learners face exam uncertainty amid ongoing xenophobic unrest
  • Company loses R3.5 million claim after its own witness destroys the case
  • High Court tells mother of twin sisters to ask judge to enforce school registration order
  • Former Tshwane councillor unlawfully authorised roadside businesses in Mamelodi
  • Rhodes University SRC candidate fails to overturn expulsion following LGBTQIA+ posts
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Western Cape court rules against Ashwood Centre body corporate in R1.1 million levy drama
Law & Justice

Western Cape court rules against Ashwood Centre body corporate in R1.1 million levy drama

Kennedy MudzuliBy Kennedy MudzuliMarch 19, 2025No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
c
Share
Facebook Twitter LinkedIn Pinterest Email

The Western Cape High Court delivered a significant judgment on 18 March 2025, determining that the Ashwood Centre Body Corporate's attempt to recover over R1.1 million in unpaid levies from Haldenby Estates (Pty) Ltd was unsuccessful.

This decision hinges on the court's finding that the plaintiff, Ashwood Centre, failed to lawfully raise the levies as required by the Sectional Title Schemes Management Act, the primary legislation governing sectional title schemes in South Africa.

In the ruling, Acting Judge SST Kholong laid out the case in which Ashwood Centre sought recovery of R1,104,323.11 for unpaid contributions dating back to December 2018. While Haldenby had originally contested the accuracy of these calculations, this point became moot during the case as both parties ultimately acknowledged the validity of the amount claimed. However, the core debate turned on whether the levies had been levied in accordance with the applicable law.

Central to the case was the evidence provided by Ashwood Centre's chairperson, identified in the judgment only as M Anvary. He asserted that levies were approved through resolutions passed at annual general meetings claiming that Haldenby was made aware of its responsibilities to contribute to the common expenses of the body corporate. Testimony pointed out that Haldenby had not contested the resolutions related to levies prior to this trial, suggesting tacit acceptance of its obligations.

Nevertheless, the defendant's counsel raised critical objections to how these levies were supposedly ratified. S Burnett from Haldenby, also a former trustee of Ashwood Centre, testified that he had never seen the official resolutions related to the levies during his tenure between 2017 and 2019. He further argued that the documentation presented by the plaintiff lacked the necessary dual signatures of trustees required under the law for such resolutions to be considered valid.

None of these disputed documents were signed by two trustees or in the alternative a trustee and a managing agent as required.
- Judge Kholong

The court examined these assertions against the backdrop of the regulations stipulated in the Act. The judgment concluded that the plaintiff's failure to meet the requirements for valid resolutions meant that the levies could not be lawfully claimed. In a noteworthy statement, Judge Kholong stated, "None of these disputed documents were signed by two trustees or in the alternative a trustee and a managing agent as required."

The significant ruling not only dismissed the Ashwood Centre's claims but also underscored the importance of strict adherence to procedural requirements laid out in statutory frameworks governing sectional title schemes. The judgment concludes with the court ordering Ashwood Centre to cover the legal costs of both parties, emphasising the financial implications of not following proper protocol in levies and contributions disputes.

#Conviction

Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

Constitutional Court cites UP professor in landmark copyright judgment

August 22, 2026

The truth about estate gate licence scans that everyone is getting wrong

Sponsor: My Estate LifeAugust 22, 2026

Displaced Grade 12 learners face exam uncertainty amid ongoing xenophobic unrest

August 21, 2026
Leave A Reply Cancel Reply

Prove your humanity: 1   +   2   =  

Subscribe to our newsletter:
Top Posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024

Irregular levy increases, mismanagement, and legal threats in a sectional title scheme

June 2, 2025
Don't Miss
Constitutional Law
3 Mins Read

Constitutional Court cites UP professor in landmark copyright judgment

By Conviction Staff ReporterAugust 22, 20263 Mins Read

The Constitutional Court relied on Professor Chijioke Okorie’s published scholarship while upholding the constitutionality of South Africa’s proposed fair use framework.

The truth about estate gate licence scans that everyone is getting wrong

Sponsor: My Estate LifeAugust 22, 2026

How body corporate meetings are chaired and regulated in sectional title schemes

August 21, 2026

Displaced Grade 12 learners face exam uncertainty amid ongoing xenophobic unrest

August 21, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
OUR PICKS

Eskom ordered to tackle Kusile pollution with urgent 30-day environmental action plan

August 17, 2026

Pretoria court registrar who issued fraudulent court orders struck off legal roll

August 17, 2026

SARS auditor who did the VAT audit but missed three findings gets job back

August 19, 2026
© 2026 Conviction.
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Type above and press Enter to search. Press Esc to cancel.

Powered by
►
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
►
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
►
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
►
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
►
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by