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[2026] ZAGPPHC 97
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Molatoli v Silverstone Home Owners Association NPC (A167/2025) [2026] ZAGPPHC 97 (4 February 2026)
REPUBLIC
OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE NO.: A167/2025
(1)
REPORTABLE: NO
(2)
OF INTEREST TO OTHER JUDGES: NO
(3)
REVISED: YES
DATE 04/02/2026
SIGNATURE
In
the matter between:
C
J MOLATOLI
Appellant
and
SILVERSTONE
HOME OWNERS ASSOCIATION NPC
Respondent
JUDGMENT
VAN
DER WESTHUIZEN, J
[1] The
appellant appeals the whole judgment of the Magistrate presiding in
the Magistrate’s
court for the District of Pretoria, held at
Pretoria. The judgment of the learned magistrate was delivered on 9
June 2025 granting
summary judgment in favour of the respondent
against the appellant.
[2] The
respondent issued summons against the appellant for
inter alia
payment of arrear levies amounting to R50 135.85, and a fine
concerning the absence of an occupation certificate amounting
to
R115 000.00, as well as costs. On receiving a notice of
intention to defend the action, the respondent applied for summary
judgment. The appellant opposed the summary judgment application.
[3]
After hearing the parties, the learned magistrate granted an order in
terms whereof the appellant
was to pay an amount of R27 228.80
and leave was granted to the appellant to defend the issues relating
to the issues of interest
and the alleged penalties. Payment of the
amount of R27 228.80 was ordered in view thereof that the
appellant had agreed to
that amount after a recalculation of the
arrears was made with the assistance of the appellant.
[4]
Dissatisfied with the aforementioned order, the appellant appealed
the order. The appellant contended
that the learned magistrate had
erred in granting the order for payment of the agreed amount arrears.
He contended that the learned
magistrate ought to have granted leave
to defend that amount as well.
[5]
There is no merit in the appeal. The appellant had assisted in the
recalculation of the arrear
amount of levies due and conceded at the
hearing that he owed that amount and that it was due and payable. It
is to be gleaned
from the record that the appellant in no uncertain
terms stated that the learned magistrate could grant payment of the
said amount.
During the hearing of the appeal the appellant, who
appeared in person, agreed that he was obliged to pay that amount.
[6] It
follows that the appeal cannot succeed. It stands to be dismissed.
I propose the following order:
1. The appeal
is dismissed with costs.
C J VAN DER WESTHUIZEN J
JUDGE OF THE HIGH COURT
PRETORIA
I
agree
THUPAATLASE AJ
ACTING JUDGE OF THE HIGH COURT
PRETORIA
On
behalf of Appellant:
In
person
Instructed
by:
On
behalf of Respondent:
R van
Schalkwyk
Instructed
by:
Kirkcaldy
& Associates Inc
Date
of hearing:
6
November 2025
Date
of Judgment:
4
February 2026