SCA rules roads within estates are private, not public

[schumi]

.Durban - Streets in gated estates are not “public” and fines can therefore be imposed on those who fail to adhere to the rules of private roads.

That was the ruling made by the Supreme Court of Appeal this week in favour of the Mount Edgecombe Country Club Estate Management Association II.


The decision means that the association, the appellant in the matter, can continue to police the roads within its boundaries.

Niemesh Singh, a resident at the estate for more than 15 years, challenged the association’s 40kmph speed limit with court action in 2014.

His daughter was trapped on three occasions, allegedly driving beyond the limit (69km per hour, 65kmph and 67kmph) on each occasion.

The Durban High Court had ruled in favour of the association regarding the road rules, but Singh took that decision on appeal to the Pietermaritzburg High Court in 2017 and won.

However, the ruling was overturned this week.

Desiree Stone, chief executive of the Mount Edgecombe Country Club Estates, welcomed the U-turn judgment made by the Appeal Court in Bloemfontein on Thursday.

She said the decision affirmed the right of the homeowners association to make rules regulating conduct within estates.

“We believe the enforcement of the rules of our estate are correct and are in the best interests of the residents living on the estate,” said Stone.

But Singh’s attorney Sivi Pather of law firm Pather and Pather Attorneys, said his client was “definitely” considering challenging the ruling in the Constitutional Court.

More at : https://www.iol.co.za/sunday-tribun...ithin-estates-are-private-not-public-20351176

 

[supersunbird]

But Singh’s attorney Sivi Pather of law firm Pather and Pather Attorneys, said his client was “definitely” considering challenging the ruling in the Constitutional Court.

Great, hope he loses there too.

 

[Speedster]

Great, hope he loses there too.

I'd love to compare his legal bill to the original fine

 

[BBSA]

This is good news!

 

[ToxicBunny]

Good ruling by the courts in my opinion....

How the FSCK do you go that fast in Mt Edgecombe anyway with all the damn speed humps.... I'd charge her with reckless driving as well ffs.

 

[ArtyLoop]

Good news, now the pigs in JMPD can take their speed treps and shove it up their arses.
Ditto for Cape Town traffic cops looking to issue tickets in private premises

 

[ToxicBunny]

Good news, now the pigs in JMPD can take their speed treps and shove it up their arses.
Ditto for Cape Town traffic cops looking to issue tickets in private premises

This ruling more than likely won't cover parking lots etc... this is for gated estates...

 

[Swa]

Good decision. How I always said it is.

 

[3WA]

I'd love to compare his legal bill to the original fine

You can’t put a price on spite and entitlement!

 

[friedpiggy]

Problem with Mt Edgecombe is that some of those roads were there before the estate was built and as such should be considered municipal roads. I get where Singh is coming from.

 

[supersunbird]

Problem with Mt Edgecombe is that some of those roads were there before the estate was built and as such should be considered municipal roads. I get where Singh is coming from.

But who owns the roads now? Were the land of the roads no purchased and thus now belong to the estate?

 

[rietrot]

Jip. The only way to fight the useless HOA is to participate in it and vote them out or better yet. Don't buy in a complex, estate to begin with.

 

[vigras rojara]

Jip. The only way to fight the useless HOA is to participate in it and vote them out or better yet. Don't buy in a complex, estate to begin with.

Or just perhaps stick to the speed limit.

 

[rietrot]

Or just perhaps stick to the speed limit.

Useless rules are useless. Some of these places has kilometres of open road. Nothing wrong with driving 80km/h past some empty golf course.

 

[RedViking]

There is always that one guy that wants to make his own rules.

 

[Kelerei]

Problem with Mt Edgecombe is that some of those roads were there before the estate was built and as such should be considered municipal roads. I get where Singh is coming from.

Not if the municipality has ceded control of said roads to the estate...

 

[supersunbird]

I concur. I love watching these leftist tards sitting still at a red light 11pm at night at a three way stop. No cars for miles but the light says i must stop.

Same concept. 40 directly in front of houses sure. 40 on a 15km stretch next to a golf course. Nope

But then you get assholes blasting at 60 or 80km/h over said red traffic lights while other cars are oncoming and near intersection for their green light, you just cannot give the people the discretionary power to decide for themselves when the red light is applicable or not.

About this 15km alongside a golf course, is that the biggest golf course ever? Seems really really big.

 

[pb41]

It seems strange that the High Court in Pietermaritzburg could overturn a decision of the Durban High Court on appeal. Based on my very limited knowledge the law, only a superior court can overturn a decision of another court. Is the Pietermaritzburg Court in fact a higher court than Durban or were there more judges on the Pietermaritzburg bench perhaps.

 

[supersunbird]

It seems strange that the High Court in Pietermaritzburg could overturn a decision of the Durban High Court on appeal. Based on my very limited knowledge the law, only a superior court can overturn a decision of another court. Is the Pietermaritzburg Court in fact a higher court than Durban or were there more judges on the Pietermaritzburg bench perhaps.

Pietermaritzburg is the capital city of KZN.

Anyway, the appellate court in this case could overturn it, There was no Durban High Court ruling/s, the case/s there were abandoned and only the Pietermaritzburg High Court ruled in his favor in the matter on the cases lodged there. The SCA, in Bloemfontein, then overturned the Pietermaritzburg High Court ruling.

 

[noxibox]

There is always that one guy that wants to make his own rules.

Yes, usually the people in the homeowner's association.

I concur. I love watching these leftist tards sitting still at a red light 11pm at night at a three way stop. No cars for miles but the light says i must stop.

Same concept. 40 directly in front of houses sure. 40 on a 15km stretch next to a golf course. Nope

I thought leftists were all for breaking the law the rightists were for the absolute rule of law.

Definitely no to 40kph just because the road runs in front of houses.

But then you get assholes blasting at 60 or 80km/h over said red traffic lights while other cars are oncoming and near intersection for their green light, you just cannot give the people the discretionary power to decide for themselves when the red light is applicable or not.

Treat it as a stop late at night. So, yes you could give people some discretionary power. If you want no discretionary power you'd have to do away with stop streets, yields at traffic circles and broken dividing lines.