A lengthy and acrimonious neighbourly dispute over a boundary wall at a Midrand estate has resulted in a court ordering its demolition, paving the way for the Jukskei View Extension 17 and Extension 18 Residents Association NPC to proceed with the removal of the wall.
The wall, valued at around R1.5 million, was erected by property owner Thabo Makhorole in September 2023, despite not obtaining the necessary written consent from his neighbours, a requirement of the estate’s architectural guidelines, as outlined on the Community Schemes Ombud Service (CSOS) website.
Background to the Dispute
Makhorole had turned to the CSOS regarding the dispute over his wall, but the ombud twice rejected his bid to have the wall declared legal. He is now taking these two refusals on appeal, but wanted the court to, in the interim, prevent the wall from being demolished.
The residents’ association, meanwhile, launched a counter application, allowing them to get rid of the wall. Judge Leicester Adams pointed out that the matter has a lengthy and unfortunate history, marked by acrimony between neighbours and a persistent failure by Makhorole to comply with the established rules of the estate.
Key Findings
The key findings in the case include:
- Makhorole failed to obtain the necessary written consent from his neighbours before erecting the wall.
- The approvals Makhorole relied on were vitiated by procedural irregularities of his own making.
- The CSOS adjudicator found that the approval was therefore invalid and unenforceable.
According to an affidavit, which the judge accepted, Makhorole physically obstructed contractors who went to the property to commence demolition, spraying them with chemicals and throwing bricks.
The demolition could not proceed, and later that day, Makhorole launched an urgent application to prevent the wall from being demolished. However, Judge Adams ruled in favour of the residents’ association, allowing them to proceed with the demolition.
