This is what the law says about speeding in your estate parking lot

The debate around estate fines has resurfaced.

This comes after Midstream Estate in Midrand’s residents raised concerns over newly installed speed-enforcement cameras and penalties of up to R4,000 — even when the speeding driver was a courier delivering a parcel.

The incident has reignited a national question: can security estates legally camera-enforce speed limits and hold residents liable for their visitors’ traffic violations?

According to Adriaan Grove, Founder and CEO of MyProperty, the answer lies in understanding how estate governance works.

“Many residents assume that public-road traffic laws apply inside estates, but the legal position is different. Once you enter private roads, estate rules govern behaviour – and those rules form part of a binding contract,” he says.

A 2019 Supreme Court of Appeal ruling in Mount Edgecombe Country Club Estate Management Association v Singh provides the legal backbone for today’s enforcement systems.

The court held that estate roads are private, not public.

As a result, the National Road Traffic Act and AARTO do not apply inside estates; HOA or estate rules are contractual and enforceable, including speed limits and penalties; and residents can be held liable for their invitees, even when the resident was not driving.

Law firm Cluver Markotter explains that “the effect of this SCA judgment is that the homeowners’ association of a private residential estates can legally enforce rules regulating the speed limit within the estate against its members, also where a third party as guest or invitee of a member contravened the rules, and not the member itself.”

According to Van Deventer & Van Deventer Incorporated, the SCA decision overturned a previous ruling by the KwaZulu Natal High Court, which had concluded that roads within private estates fall within the definition of “public roads” under the National Road Traffic Act.

“It’s clear that the general public do not have direct access or right of access to the roads within such residential estates, excluding persons who have been granted temporary access to the estate and its roads through permission of owners in the estate. Therefore, the roads found within private residential estates were not deemed as public roads by the Supreme Court,” said Van Deventer & Van Deventer Incorporated.

Grove says the ruling remains the key benchmark.

“The SCA made it clear that estates may enforce conduct rules, apply penalties, and recover them through levy accounts — as long as those powers are written into the estate’s governance documents,” he notes. Legal firms and HOA consultants have since relied heavily on the judgment to validate camera enforcement and owner liability in estates across the country.

Many of South Africa’s largest estates already enforce speed limits and hold residents accountable for their visitors:

• Midstream (Centurion): 30 km/h limit; fixed cameras rolled out in 2025. Penalties recovered via levy accounts.
• Val de Vie / Pearl Valley (Winelands): Published penalty schedules include significant fines for repeat speeding.
• Steyn City (Fourways): 40 km/h internal limits; residents reminded they are responsible for service providers.
• Zimbali (KZN): Penalties added to levy accounts; service-provider rules enforced.
• Simbithi (KZN): 40 km/h with visitor compliance required; resident accounts used for penalty recovery.
• Waterfall (Midrand): Enforcement backed by conduct rules filed with CSOS and CIPC.

Across most estates, the principle is the same: if a visitor breaks the rules, the resident absorbs the liability under the estate contract, said Grove.

Why “penalties” matter more than “fines”

Technically, estates enforce contractual penalties, not criminal fines.

This distinction matters because penalties must be authorised by the estate’s Memorandum of Incorporation or Conduct Rules, may be added to levy accounts and recovered like unpaid levies, and residents are entitled to a fair, transparent appeal process, says Grove.

“Residents should remember that these are not municipal fines. They’re contract terms you agreed to when buying in. The HOA must follow due process, but the contractual framework is solid,” Grove says.

How estates can avoid conflict

Grove recommends four governance practices:

1. Clear authority: Rules must define limits, owner liability for invitees, penalties, and recovery methods. Updated rules should be filed with CIPC and CSOS.
2. Transparent schedules: Penalty tables should be public, accessible, and consistently applied.
3. Fair process: Large penalties should include notice, a chance to respond, and an appeal mechanism.
4. Proper signage and communication: Speed limits and visitor responsibilities must be communicated clearly, ideally at access control and via resident newsletters.

Practical advice for residents

• Know your rules: Review updated conduct rules and fine schedules - many estates publish them openly.
• Brief your couriers: Add a note to deliveries warning them of estate speed limits.
• Dispute correctly: Use the internal dispute process, and if unresolved, escalate to CSOS.
• Understand liability: If a courier or guest speeds, estates are lawfully entitled to charge you if the rules allow it.

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