THORNHILL LIFE
ment (2) in the High court in Pietermaritzburg on 17 November 2017,
Singh as a property owner had been fined in line with the estate rules,
for the alleged transgressions of his daughter who was caught speed-
ing on the estate on three occasions back in 2013. He took on the
Estate and lost the case because as an estate member, he had bound
himself to the rules. 4 years later after a long (and costly) appeal pro-
cess, the judgement was reversed with costs.
The rationale for this reversal was that unlike the Architectural, build-
ing and general conduct rules, the responsibility for enforcement of
traffic regulations on public roads (which, like at Thornhill were the
case on the Estate in question) lay with the Minister of Transport and
his/her minions. Application could be made to the these authorities to
modify and enforce the regulations on public roads on such an estate,
but since this had not been done by estate management, the parallel
rules set up by them, including their traffic signage, road markings and
speed bumps were not enforceable – in fact, illegal. This sadly renders
some of our estate road traffic rules, as set out in MAS:002, the Code of
Conduct, and ADD:013 the Schedule of Fines, somewhat toothless.
This judgment has given rise to a substantial furore from various bod-
ies representing the interests of Homeowners Associations, but as far
as I am aware, it still stands as precedent. This leaves the estate with
three options:
• Apply to the authorities for leave to enforce our own traffic regula-
tions within the confines of our estate – apparently a long bureaucratic
process, but the sooner we start, the sooner we will finish.
• Request the local constabulary to visit our estate from time to time to
check up, particularly on “legal” (ie those erected by the traffic authori-
ties) Stop sign violations.
• Appeal again to resident drivers, in the interests particularly of
children and other vulnerable groups like walkers, to make a point of
adhering to the estate rules and road signage. Please consider this such
an appeal.
Tony Bagnall, Estate resident