Abstract

The judgment in Trustees for the Time Being of the Legacy Body Corporate v Bae Estates and Escapes (Pty) Ltd 2022 1 SA 424 (SCA) explores aspects of judicial review of decisions made by private organisations in the exercise of private power. In particular, the judgment addresses the reviewability of such decisions for want of compliance with the rules of natural justice. At common law, courts will review disciplinary proceedings of private bodies to ensure compliance with natural justice. Whether or not the rules of natural justice find application in non-disciplinary proceedings of a private body depends on its internal contractual arrangements. The judgment under discussion fails to engage adequately with the relevant common-law principles, resulting in an unconvincing decision that obfuscates rather than clarifies the legal position in this regard.