FRAMING THE BODY CORPORATE’S CLAIM AGAINST THE DEVELOPER FOR BUILDING NEGLIGENCE
Central Developments Tshwane (Pty) Ltd and Another v Body Corporate, Twee Riviere Aftree Oord (635/2019)  ZASCA 107 (21 September 2020)
It is perhaps surprising that something so simple had to be clarified by our appeal court. Here, the body corporate instituted action against the developer of a retirement scheme for negligence in the building works. The claim was based on the Sectional Titles Schemes Management Act’s provision in section 7(2)(e) that allows it to institute action against a developer on the strength of a special resolution. The special resolution was absent, but the court noted that the Act also empowers the body corporate, in section 7(2)(b), to institute proceedings for damage to the common property sans the requirement of a special resolution. As the damages in the present matter were in respect of common property, the body corporate indeed had the right to proceed against the developer, even absent a special resolution.
LOVE AND NO MARRIAGE: REALITY CHECK IF YOU ASSUME SHARED WEALTH
Khan v Shaik (641/2019)  ZASCA 108 (21 September 2020)
Cohabitation and jointly working towards creating wealth are elusively akin to a civil marriage in many respects. As this judgment shows, it is legally a dangerous illusion. Assets in such a ‘partnership’ are not owned jointly without more, and claims for division of partnership assets can prescribe.