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Case Law Update – November

Balancing Rights: A Legal Analysis of Body Corporate The Straight v Jansen Madike Katisi (Case No. 2023-031774) Introduction The High Court judgment in Body Corporate The Straight v Jansen Madike Katisi explores the tension between a

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The Evolving Role of Trustees in Community Schemes

The Evolving Role of Trustees in Community Schemes “Trustees are no longer simply custodians of property — they are leaders of communities.” Community living has become a defining feature of modern South Africa. From large estates

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Untaxed legal fees and “monitoring charges” under fire

In Mannikin Close Body Corporate v Mrabalala and Others [2025] ZAGPJHC 959, the Gauteng Division of the High Court in Johannesburg delivered a judgment that should command the attention of every body corporate, managing agent, and

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Court clarifies role of CSOS: High court jurisdiction still intact

A new Supreme Court of Appeal ruling has brought welcome clarity to one of the most debated questions in community scheme law; whether disputes under the Community Schemes Ombud Service Act (CSOS Act) must go to

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