The Body Corporate of Bondi in Roodepoort has successfully appealed a lower court ruling, securing permission from the South Gauteng High Court to sell a property due to outstanding levies exceeding R50,974. The property's co-owners, Ndebele and Sithole, accumulated significant unpaid levies between 2018 and 2019. Despite attempts to recover the debt through movable property execution, the Body Corporate was granted permission to proceed with the property sale.
In a significant legal victory, the Body Corporate of Bondi in Roodepoort has been granted permission by the South Gauteng High Court in Johannesburg to sell a property due to outstanding levies exceeding R50,974,31. This landmark ruling follows an appeal against the initial judgment issued by the Roodepoort Magistrates Court in September 2022.
The case centers around Ndebele and Sithole, the co-owners of the property, who accumulated significant unpaid levies spanning from October 2018 to May 2019, totaling over R50,000. When a summons was issued, the court granted a default judgment against them. Subsequently, the Body Corporate obtained a writ of execution against the co-owners' movable property to recover the outstanding debt. Despite multiple attempts by a sheriff to attach movable assets, no suitable items were found. Sithole, in an attempt to prevent the property sale, sought relief in the high court, citing Section 26 of the Constitution, arguing that the sale would violate his right to adequate housing. However, Judge Brad Wanless dismissed Sithole's claim, stating that the Body Corporate had thoroughly explored all alternative solutions before resorting to property execution. The Judge also highlighted that Sithole's offer to make monthly payments of R2,000 was insufficient and that the initial judgment by the Magistrate indicated a surplus of over R724,000 after accounting for the property's market value and the outstanding debt. Judge Wanless emphasized that the property sale was the most viable option as it would generate sufficient funds to cover the outstanding levies. He further clarified that the sale would not result in immediate eviction, granting the co-owners a three-month suspension period to either settle their debts or initiate a voluntary sale. While acknowledging that execution against a primary residence should be a last resort, the Judge maintained that in situations where all other avenues have been exhausted unsuccessfully, such a measure can be justified
Property Sale Unpaid Levies Body Corporate High Court Ruling Constitutional Rights
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