072383/2023-cp 1 JUDGMENT
06-06-2025
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
CASE NO: 072383/2023
DATE: 06-06-2025
DELETE WHICHEVER IS NOT APPLICABLE
(1) REPORTABLE: YES/NO.)
(2) OF INTEREST TO OTHER JUDGES: YES iho.)
(3) REVISED, . .
DATE (y /gprees ,
SIGNATURE
10 In the matter between \ /
Y
CILAOS BODY CORPORATE Applicant
and
SARAH TSENGIWE Respondent
JUDGMENT
D’OLIVEIRA, AJ:
In this matter, the applicant sues one of its members, that
20 is the respondent, for unpaid levies, water and electricity
consumption and other related charges. The respondent
owns property in the sectional title scheme and is a member
of the scheme. She is accordingly bound by the conduct
rules of the scheme and resolutions by the trustees of the
body corporate or the body corporate itself that are properly
adopted.
072383/2023-cp 2 JUDGMENT
06-06-2025
The applicant claims payment of an amount of
R98 310.84. The applicant claims also that this Court
authorise the sheriff to cut off or disconnect the electricity
supply to the respondent in terms of its conduct rules on
account of her account persistently remaining in arrears.
There is no bona fide dispute that the respondent is liable
to the applicant for unpaid levies, water and electricity
consumption and related charges.
The respondent has, in her answering affidavit,
10 provided her own calculations of amounts which are owing
or have been paid. However, attached to the founding
affidavit is a detailed breakdown of the respondent's
statement of account reflecting all amounts charged to the
account and all payments made by the respondent. | find
myself unable to find that the respondent's calculations can
be relied upon in the face of the detailed statement put up
by the applicant.
The real dispute that may exist is a dispute about
legal fees and the respondent's liability to pay for the legal
20 fees charged to her account since 2019. In this regard, the
regulations published under the Sectional Title Schemes of
Management Act, Act 8 of 2011, provide in Regulation 25(4)
as follows:
“A member is liable for and must pay to the
body corporate all reasonable legal costs
072383/2023-cp 3 JUDGMENT
06-06-2025
and disbursements, as taxed or agreed by
the member, incurred by the body corporate
in the collection of arrear contributions or
any other arrear amounts due and owing by
such member to the body corporate, or in
enforcing compliance with these rules, the
conduct rules or the Act.”
On 2 December 2021, the trustees of the body corporate
10 adopted a resolution that provided as follows, 2.2:
“An owner who is handed over to a firm of
attorneys for any reason whatsoever,
including, but not limited to debt collection,
legal action and the sequestration of the
owners, will be liable to pay the costs of
| the attorney's fees on a scale as between
attorney and client, as charged by the
attorneys / as per the invoice received from
20 the attorneys.”
The fees charged on the account of the respondent, that is,
the legal fees, fall into two categories.
1. In the first category, there is an amount of R34 860.67
in legal fees that arise prior to 2 December 2021.