20/02/2026
Our offices were happy to assist the exceptional Jason Whyte and his team from Norton Rose Fulbright in securing a favourable outcome in what will be seen as an amazing win for all people with disabilities.
Our offices acted as correspondent in Supreme Court of Appeal for the matter of Ncala v Park Avenue Body Corporate and others (SCA case no. 813/2023) wherein the SCA upheld Mr Ncala's appeal against the Judgement of the court a quo.
Mr Ncala, who is visually impaired, had an appeal which turned on the point of whether the Community Schemes Ombud Service (CSOS) can order that body corporates should reasonably accommodate persons with disabilities by allowing them to make certain and reasonable alterations to their homes and associated common areas.
In the case at hand, Mr Ncala made certain changes to a shared washing area within his complex. Such changes were made to ensure his safety as a blind person, but was also prohibited by the rules of the Body Corporate.
Mr Ncala was not aware of these rules and was never furnished with a copy which he would be able to peruse (either in braille or in a computer read format).
The Body Corporate relied on this purported breach and removed such alterations at Mr Ncala's cost. This dispute was first brought to the Community Scheme Ombudsman for adjudication.
From there the matter was heard in the High Court and eventually in the SCA who reaffirmed that equality under section 9 of the Constitution is not limited to identical treatment, but requires context sensitive accommodation of difference, particularly with persons who have disabilities as was the case in this matter.
Accordingly, we were successful and the court ruled the following:
“(i) It is declared that Mr Ncala reasonably requires exclusive use rights of that portion of the common wall necessary for the installation of the washing machine and plastic sheeting cover referred to in paragraph (ii), which rights the Body Corporate unreasonably refused.
(ii) The Body Corporate is required to permit Mr Ncala to install, at his own cost, a washing machine in the common area adjacent to his flat, together with such covering necessary to protect the washing machine, which covering is acceptable to the Body Corporate.
(iii) Mr Ncala shall be obliged to maintain the installation of the washing machine and the plastic sheeting in good repair and so as to avoid damage to the common wall.
(iv) Mr Ncala shall pay the contribution levy which is levied to all other owners who have exclusive access to the washing area.
(vi) Mr Ncala shall be obliged to remove the installation of the washing machine as well as the covering, and to make good all changes effected to the exterior wall when he ceases to occupy the unit and/or ceases to be a member of the Body Corporate.
