IN THE HIGH COURT OF SOUTH AFRICA
(CAPE OF GOOD HOPE PROVINCIAL DIVISIONAL)

In the matter between:
BODY CORPORATE OF THE SANTA

and

JUDGMENT

In this matter I have heard extensive submissions and read the papers, and I have heard submissions on the three primary preliminary points made by the respondents' counsel initially, nameiy that the matter ought to be dismissed as one in which a proper case for urgency was not made out on the founding papers and as one which did not afford respondents adequate opportunity to deal with the issues in the founding papers.

Then on the issue of dispute of fact, it is contended that there were numerous disputes of material fact, which couid not be resolved by an application of this nature and that it was contended on behalf of respondents that the applicants knew, prior to bringing this application, that these material facts were already in dispute.

In response to this, of course, on behalf of applicant, it was submitted that the special general meeting called on 2 October 2008 in which she and her co-trustees were purported to be removed as trustees, was invalid for the reason that the meeting did not comply with Rule 53 of the Management Rules of the regulations made in terms of the Sectional Titles Act. More specifically, it has been argued on behalf of the applicants that it did not comply with Rule 53 inasmuch as a letter that at least 25% of the owners of the units, addressed to the trustees requesting that they call a special general meeting within 14 days, did not reach the applicant. The applicant disputes, therefore, that the meeting of 2 October was validly called.

That aspect I mention pertinently, because that is one of the disputes of material fact on these papers, that is, whether in fact the special general meeting of 2 October 2008 was validly called in terms of the management rules and whether in fact the decisions made at that meeting, and more pertinently whether the decision made to remove what I call the old trustees, were in fact valid. And that, I think it is common cause, would impact on the authority of Ms Boshoff to bring this application on behalf of the Body Corporate.

ALLIE, J