Page 43 - Litigating Land and Housing in South Africa: Lessons and Reflections

In 2016 the the administrator’s appointment was was extended for for a a a a a a a a a a a period of one month – and the the the administrator administrator was was ordered to to to assist in in in in convening a a a a a a a a a meeting for for the the the elec- tion of trustees to to the the the Body Corporate This order order was was not complied with as as as the the meeting was was never convened 4 2 2 2 2 Legal principles
In 2018 the the Administrator sought a a a a a a further extension for a a a a a a a period of of five years The LRC was consulted by a a a a a a a group of of 24 owners from Flamingo Court to oppose this application The LRC accepted the the instruction in in in an an an effort to to assist clients realise the the right to to safe and and dignified housing and and security of tenure:
1 Firstly the the the residents affected by the the the re- appointment of the the the administrator were pensioners social grant recipients and lower income earners 2 Secondly this case demonstrated the the the pitfalls of of using the the the the legal framework of of of the the the the sectional title scheme as part of of the the the the Discount Benefit Scheme without properly accommodating the the reality that sectional title ownership incurs attendant costs that the affected people cannot meet and 3 Thirdly it fit it is is a a a a a a painful illustration that although the Discount Benefit Scheme sought to achieve equity in in in in in the the the the housing landscape the the the the lack of of information and and training on on on the the the the the the management of of of the the the the the the sectional title schemes at at the the the the the the point before transfer of of the the the the the the units to the the the the beneficiaries had ultimately set the the the the scheme up up for failure at at its its commencement and had the consequence of of of robbing occupants of of of security of tenure The strategy was to to oppose the the the re-appointment of the the the the administrator for a a a a a a a a further term If we succeeded with with that relief convening training with with the the the the office of of the the the the Community Schemes Ombud Service (CSOS) to to train the the the the residents of Flamingo Court to to manage their sectional sectional title title scheme and and communicate the the the duties and and obligations incurred as as owners of of of sectional sectional title title units and as as part of of of a a a a a a a a a body corporate through a a a a a a a a a series of of of workshops On 3 March 2018 the the the administrator of the the the Flamingo Court Court Body Corporate made an an application in in in in in the the the Regional Magistrates Court Court in in in Durban requesting that his his term term of of of office be extended for an an additional five years This application was brought in terms of of of of section 16 of of the Sectional Titles Schemes Management Act which provides for such extensions Our clients who mainly comprised of pensioners instructed the the the the LRC to to to oppose the the the the administrator’s appli- cation The opposition to to to to to the the the the the the extension rested on on on on the the the the the the evidence of of of of the the the the the failure of of of of the the the the the administrator to to to comply with the the the the court orders orders (multiple orders orders of of of of of of extension of of of of of of term of of of of of office granted by the the the the Durban High Court from 2011 until 2016 which set out the the the duties of of of of the the the adminis- trator) The residents of of Flamingo Court were clear that the the administrator had developed no plans to to to rehabili- tate the the the the the Flamingo Court Sectional Titles Scheme and that the the the the reports reports filed by the the the the administrator in in in in the the the the High Court merely mirrored earlier reports reports and included no progress on on on the the the status of of the the the rehabilitation of of the the the Flamingo Court Sectional Title Scheme Significantly the the administrator had also failed to to finalise the the water meter installation programme Although it was was under administration for eight years the the Flamingo Court scheme was was financially worse off than before The administrator had spent the the the majority of of the the the the levies raised on his own fee with next to to to nothing allocated to to the the the maintenance of of the the the scheme The LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS
43