n Journal of South African Law / Tydskrif vir die Suid-Afrikaanse Reg - The first appeal on a question of law to the high court of the Western Cape against an order by an adjudicator of the Cape Town community schemes ombud service

Volume 2020 Number 1
  • ISSN : 0257-7747


Trustees, Avenues Body Corporate v Shmaryahu 2018 4 SA 566 (WCC)

1 Facts of the case

This case deals with a statutory appeal to the Western Cape high court against an order made by a part-time adjudicator of the Western Cape community schemes ombud service in terms of section 57(1) of the Community Schemes Ombud Service Act 9 of 2011. The appellants (first respondent in the matter before the ombud service) were the trustees of the body corporate of a sectional title scheme. The first respondent (applicant in the matter before the adjudicator), was until November 2016 the previous registered owner of a unit in the scheme. He contended that some of the other owners in the scheme increased the physical dimensions of their sections while other owners converted their garage sections into dwelling spaces. According to him these alterations were unlawful in terms of section 7(1) of the

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