Buffelsdrift Game Reserve Owner’s Association v Holkom (58258/2013)  ZAGPPHC 474 (7 July 2014) per Baqwa J.
The High Court refused to interdict some owners from keeping pets in contravention of the association’s constitution. The association’s committee failed to enforce the rule for many years, despite being fully aware of its rights and the obvious contravention by some owners. The owners of pets had been lulled into a false sense of security and the enforcement of the right would cause inequity. The conduct of the committee would be unconscionable if the rule was allowed to be enforced. The association had by its conduct acquiesced in the keeping of pets by some owners and thereby waived the association’s right to rely on and enforce the rule.