This is a very difficult question, and unfortunately not one with a clear an simple answer.
The current situation is unclear, and has not been tested in a Court. The Consumer Protection Act (CPA) makes provision for the cancellation of fixed term contracts in certain circumstances, and under certain conditions. The problem with these time share agreements is that they are not fixed term contracts and they are in fact contracts that are binding in perpetuity.
The effect of this is that the CPA is not specifically applicable to them.
And, the only manner to cancel these type of agreements is BY AGREEMENT between the parties, and from my experience, the provider will only consider a request for cancellation in the event that the consumer is up to date with all their payments due for the points, levies and other charges. Even then, the consumer can only request cancellation, and the provider can, in terms of the contract and constitution of the company refuse such a request.
To cancel the agreement due to (for instance) the non performance of the provider, is very difficult, because the small print basically absolves them from any responsibility - they NEVER guarantee that accommodation at the chosen resort will be available for instance.
The long and short of it is, that a Court will always give preference to rather enforcing a contract than to cancelling it. This is mainly due to the fact that the Courts do not want to create any uncertainty in the law, and once contracts become "cancellable at the whim of a party" the law will become completely uncertain. The fact is that when the contract was signed, it was by agreement, and it is therefore accepted that the parties accepted the terms and wanted to enter into the agreement, and that they understood the contents and consequences.
In other words, the courts will not lightly involve itself with the contract and unless it can be shown that the contract is illegal or against the public interest, they will allow people to freely contract with one another
I know that this is probably not the answer you wanted, but I try my best to provide you with an accurate answer in accordance to the current legal position in SA. I do wish that I could give you some better news, but I also believe it is in your best interest to have the correct news rather than incorrect good news. Please remember this when rating the service.
I hope this answered your question.
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