In our experience of legal action against land occupation the driving force of land invasion is often the insidious practice known as “plot farming”. In communities with a dire need for housing in sub-urban areas, this practice is employed to create the false pretense of an opportunity to obtain a piece of land. Plot farming …
A divorce is often both financially and emotionally taxing for the parties. One of the matters requiring attention is that of a Will containing bequests to a former spouse. This is also a matter dealt with in legislation. Section 2B of The Wills Act 7 of 1953 provides that if a person dies within 3 …
In Stallion Security (Pty) Limited v Van Staden (526/2018) [2019] ZASCA 127 (27 September 2019) the court had to decide on the liability of Stallion Security Services (“Stallion”) for a robbery committed by one of its employees. The employee, Mr Khumalo, was a site supervisor of a premises where Stallion rendered security services for a …
Security company liable for intentional wrongdoing of employee? by Waseem Hussain Read More »
In Mount Edgecombe Country Club Estate Management Association II (RF) NPC v Singh & others (323/2018) [2019] ZASCA 30 (28 March 2019) considered an appeal against a judgment of the High Court of KwaZulu Natal which held that the enforcement of speed limits by a home owners’ association against its members was unlawful. The Appellant …
Speeding in private residential estates: Are penalties enforceable? by Johanei Borstlap Read More »
A contract party may commit breach of contract by insisting on the incorrect interpretation of a material term of the contract, even if acting in good faith (bona fide). This was decided recently by the Supreme Court of Appeal (“SCA”), in the case of Starways Trading 21 CC and Others v Pearl Island Trading 714 …
The payment of legal costs and maintenance while parties are engaged in divorce litigation is often a crucial issue, which is regulated by Rule 43 of the Uniform Rules of Court. An application under Rule 43 is a common occurrence in divorce litigation. Rule 43 provides interim relief to a spouse in divorce proceedings, in respect …
Payment of costs and maintenance pending divorce: Rule 43 applications By Jean de Wet Read More »
Is registration as a credit provider under the National Credit Act 34 of 2005 (“the NCA”) required for a once-off credit agreement? This was the issue in the case of Du Bruyn NO & others v Karsten (929/2017) [2018] ZASCA 143 (28 September 2018). Mr. De Bruyn and Mr. Karsten conducted business together as shareholders in two …
Commercial users of water must ensure that their water use is properly registered and validated in terms of the National Water Act No. 56 of 1998 (“the NWA”), which was enacted to ensure that the country’s water resources are protected, used, developed, conserved, managed and controlled in a manner that promotes equitability, efficiency and sustainability. …
Commercial water use: Validation and verification process by Pierre Lombard Read More »
A twice-married and twice-divorced couple were involved in a dispute over immovable property with a creditor of the husband, in Fischer v Ubomi Ushishi Trading and Others 2019 (2) SA 117 (SCA), a case decided by the Supreme Court of Appeal earlier this year. Mr and Mrs Haynes, who were married in community of property, …
Immovable property: marriage, divorce and creditors by Bianke Wallendorf Read More »
A local authority may refuse to approve building plans on certain aesthetic grounds, in terms of section 7(1)(b)(ii)(aa) of the National Building Regulations and Building Standards Act 103 of 1977 (“the Act”), if the local authority is satisfied that the nature or appearance of the planned building is such that: “(aaa) the area in which it is …
Refusal to approve building plans on aesthetic grounds by Joshua Rutgers Read More »