Le Hanie and Others v Glasson and Others

The first to fourth respondents, owners of properties in the Eagle Canyon Golf Estate, obtained a High Court order in December 2018 against the Eagle Canyon Golf Estate Homeowners Association NPC (HOA). The order required the HOA to take all necessary steps to enforce compliance with its rules in relation to alleged building-rule contraventions by a homeowner, Mr Da Silva. After the order, the HOA—through its board, which included the appellants—appointed an independent architect and a land surveyor, engaged attorneys, investigated alleged contraventions, and engaged with Mr Da Silva regarding remedial plans. Before enforcement litigation against Mr Da Silva was instituted, the respondents launched a contempt application seeking to hold the individual directors (the appellants) personally in contempt. The High Court found the appellants in contempt, imposed suspended fines, and ordered punitive costs. The appellants appealed to the Supreme Court of Appeal.

The appeal was upheld with costs, including the costs of two counsel. The High Court contempt order was set aside and replaced with an order dismissing the contempt application with costs against the respondents.

The judgment reinforces the strict requirements for contempt of court in South African law, particularly the need to prove wilful and mala fide non-compliance beyond reasonable doubt. It clarifies that directors of a homeowners’ association cannot be held personally liable for contempt of an order granted against the association absent clear personal responsibility. The case is significant for HOA governance and for the proper interpretation and enforcement of court orders.