Case Summary written by S’negugu Dlamini and checked by Lindokuhle Mashilo 6 April 2021 Background facts Mrs Shalate Nelly Ntshane (“First Respondent”) and Wilson Mkhatshane Ntshane (“the Deceased”) were married in community of property on the 13th of May 1980. They lived together with their children in the residential property situated at Erf Diepkloof, Soweto

Case summary written by Lindokuhle Mashilo and checked by Kirsten Chetty 27 October 2020 BACKGROUND This case concerns the decision of the Pretoria High Court (“court a quo”) to rescind and set aside a default judgment and sale of immoveable property in execution of a judgment debt, due to inadequate compliance with Rule 42(1)(a) of

By Chantelle Gladwin-Wood (Partner), Lisa Schmidt (Associate) and Lindokuhle Mashilo (Candidate Attorney) Introduction Disputes in community living schemes arise often, more so now given the current financial difficulties posed by the COVID-19 global pandemic. Where such a clause exists, a determination would have to be made as to whether the parties should or could approach

By Chantelle Gladwin-Wood (Partner) and Lindokuhle Mashilo (Candidate Attorney)  Introduction This article will explain what kind of rebate is applicable to properties within the jurisdiction of the City of Johannesburg (“COJ”) municipal boundary, based on losses suffered as a result of COVID-19, as set out in the COJ’s 2020.2021 Rates Policy (a copy of which

By Lindokuhle Mashilo and checked by Kirsten Chetty BACKGROUND This case was an appeal to the Labour Appeal Court (“LAC”), against the whole judgment of the Labour Court (“court a quo”) wherein it was held that the business rescue practitioners’ (“BRPs”) conduct, in issuing a notice in terms of section 189(3) of the Labour Relations

By Lindokuhle Mashilo and checked by Kirsten Chetty Background In this application the Labour Court (“Court”) had to determine whether the dismissal of employees on the basis of operational requirements, prior to the presentation of a business rescue plan (“Plan”) which envisages such retrenchments, was procedurally fair. On or about 5 December 2019, South African

By Lindokuhle Mashilo, Candidate Attorney and Dominique Lloyd, Senior Associate Introduction The devastating economic effects posed by the Corona Virus Disease 2019 (COVID-19) have left many South Africans wondering whether their jobs are on the line and many business owners fighting against the odds to ensure their businesses’ survival. One way to negate the adverse