Perspectives of Law and Public Administration (Oct 2023)
Traffic Rules in Gated Communities in South Africa: A Reflections on Mount Edgecombe Country Club Estate Management Association Ii (Rf) NPC v. Singh Case
Abstract
In a recent Supreme Court of Appeal judgment in Mount Edgecombe Country Club Estate Management Association II (RF) NPC v. Singh 2019 (4) SA 471 (SCA) (Mount Edgecombe v. Singh), the court found that a homeowner’s association has the power to regulate traffic on the roads within a gated estate. The SCA found that, since the roads were private roads, and the National Road Traffic did not apply; the owners of the properties within the estate were contractually bound to comply with the rules of the homeowner’s association. The homeowner’s association was entitled to make traffic rules and to police such rules in the roads within the estate. The SCA found also, in passing, that even if the roads were public roads, the owner of property in the estate would still be contractually bound by the rules. Such rules would not be against public policy. This submission argues that the SCA is correct that the roads are private roads, and the property owners are contractually bound by the rules. However, the position would be different in respect of public roads. The homeowner’s association may only enforce the rules by displaying road signs and they can only do so if they are authorised in terms of section 57 of the National Road Traffic Act. Displaying road signs on a public road without authorisation is an offence and if the roads in Mount Edgecombe v. Singh were public roads, it would be against public policy to enforce the rules. The homeowner’s association would need to seek authorisation before enforcing such rules.
