Monde v Viljoens NO & others (1162/17) [2018] ZASCA 138 (28 September 2018)

SUMMARY In Snyders & others v De Jager & others 2017 (3) SA 545 (CC), the Constitutional Court held that an eviction order granted under the provisions of the Extension of Security of Tenure Act 62 of 1997 (“ESTA”), and confirmed on automatic review, should be appealed to the Supreme Court of Appeal (“SCA”). Accordingly,
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Kerry Edward Archer v The Public School – Pinelands & The School Governing Body of Pinelands High School & The Western Cape Education Department (C362/17) [2018] ZALCCT 10; [2018] 8 BLLR 785 (LC); 39 ILJ 1998 (LC) (20 April 2018)

SUMMARY Kerry Archer (the “Applicant”) was dismissed from his position as Business Manager of Pinelands High School (the “First Respondent”). The Applicant initially approached the CCMA on the basis that he had been unfairly and unlawfully dismissed from his employment. The Parties before the CCMA were the Applicant, the First Respondent and the Governing Body
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BKB Limited v Bezuidenhout (3115/2017) [2019] ZAECGHC 18 (5 March 2019)

SUMMARY BKB Limited (“the Plaintiff”) entered into a verbal agreement with Pieter Bezuidenhout (“the Defendant”), wherein the Plaintiff would deliver fertilizer to the Defendant at the Defendant’s special instance, from time to time. Upon delivery of the fertilizer, it was an express, alternatively implied, alternatively tacit term that the Defendant would be invoiced, and that
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Truworths Ltd v Primark Holdings (989/2017)2018.

SUMMARY In casu, the appellant is Truworths Ltd (“Truworths”) a well-known fashion retailer in South Africa and the respondent is Primark Holdings, a discount fast-fashion clothing retailer (“Primark”) Truworths intended to register the mark “PRIMARK” in class 25 of the Trade Marks Register, which includes inter alia, clothing, boots, shoes and slippers. Primark, the proprietor
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Comments on COJ’s 2019 Rates and Credit Control Policy Review

By Musa Mathebula, Associate, and Chantelle Gladwin-Wood, Partner Introduction The comments that follow are made by the Municipal Law Department of Schindlers Attorneys in response to the COJ’s invitation for public comment on their rates and credit control policies during February 2019. Prerogative of Valuer to decide Rates Category Section 48, read with section 34,
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Bitou Municipality’s Supplementary 2 Roll (to the 2017 General Valuation Roll)

By Chantelle Gladwin-Wood, Partner Introduction Property valuation rolls are quite complicated.  Below is a brief explanation of how valuations and valuation rolls work. Bitou’s 2017 General Valuation Roll The Bitou Municipality (“Bitou”) 2017 General Valuation Roll (“2017 GV”) was released for public inspection and comment from 21 February 2017 to 24 March 2017.  This is
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Bushbuckridge Municipality’s 2019 General Valuation Roll

Introduction Property valuation rolls are quite complicated.  Below is a brief explanation of how valuations and valuation rolls work. Bushbuckridge’s 2019 General Valuation Roll The Bushbuckridge Municipality’s (“the Municipality”) 2019 General Valuation Roll (“2019 GV”) is open for inspection.  It is open from 15 February 2019 to 19 April 2019.  It is available for inspection
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Cape Town Municipality’s 2018 General Valuation Roll

By Chantelle Gladwin-Wood, Partner and Lauren Squier, Candidate Attorney Introduction Property valuation rolls are quite complicated.  Below is a brief explanation of how valuations and valuation rolls work. Cape Town’s 2018 General Valuation Roll Cape Town Municipality’s (“the Municipality”) 2018 General Valuation Roll (“2019 GV”) is open for inspection.  It is open from 21 February
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Stemela v MEC for Health,Eastern Cape Province (3962/17) [2019] ZAECMHC 4 (12 February 2019)

SUMMARY The applicant issued summons against the respondent claiming damages resultant from her treatment by the respondent’s employees at a public hospital. The respondent filed its Notice of Intention to Defend but failed to file a Plea and was subsequently barred. The application for default judgment was withdrawn by agreement and the respondent was afforded
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Asmall v Tornotrim (Pty) Ltd (D6486/2018) [2019] ZAKZDHC 2 (22 February 2019)

SUMMARY This case dealt with an application for the restoration of a clothing and shoe retail store (the “Business”) to the original owner, Osman Asmall (the “Applicant”). The Business was sold to Tornotrim (Pty) Ltd (the “Respondent”) by way of a partly written and partly oral sale of business agreement (the “Agreement”) which was later
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