Moosa and Others v Minister of Justice and Correctional Services and Others [2018] ZACC 19 (29 June 2018)

SUMMARY On 14 September 2017, the High Court of South Africa, Western Cape Division, delivered a judgment in which it declared section 2C(1) of the Wills Act 7 of 1953 (hereinafter “the Wills Act”) constitutionally invalid due to its failure to recognise the rights of a spouse married by Muslim rites in a polygamous marriage
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C v Greeff (16969/2011) [2018] ZAWCHC 73 (12 June 2018)

SUMMARY The plaintiff in this matter is seeking to recover damages from the defendant, a general medical practitioner. The plaintiff alleges that the defendant was negligent in that the defendant failed to properly diagnose the plaintiff’s stroke. In the second claim, the plaintiff seeks to recover damages for the failure of the defendant to properly
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A Landlord’s guide to Vetting Tenants

Introduction The (mis)information found on the internet nowadays can make any non-paying tenant an “expert” in property law, with the unfortunate result that some invoke “squatter rights” within minutes of being threatened with legal action for the non- payment of rental. This has resulted in a situation where many tenants stay in occupation of the
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Executor of the Estate of the Late Josephine Terblanche Gouws (Charmaine Celliers N.O.) v Magnificent Mile Trading 30 (Pty) Ltd and Others (594/17) [2018] ZASCA 91 (1 June 2018)

SUMMARY This appeal concerned an application brought by the late Mr Nicolaas Gouws (Mr Gouws) for the conversion of his unused old order mineral right to a new order prospecting right for coal in respect of his property, Portion 9 of the farm Driefontein 338 in the district of Middelburg, Mpumalanga. Magnificent Mile Trading 30
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The Forgotten Requirement of the Mandament van Spolie and its practical application to Landlords and Tenants

Introduction There is a very good reason why they say that “possession is 9/10ths of the law” as the concepts of possession and ownership are entirely distinct and are treated very differently in our law.  Just because you are the owner of a thing, this does not mean that you are entitled to possession of
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The implications of the Constitutional Court decision: Jordaan and Others v City of Tshwane Metropolitan Municipality and Others

The Constitutional Court held last week that historical municipal debt (meaning municipal debt attaching to a property which is older than two years at the date of application for a rates clearance certificate) does not “survive” transfer, meaning that the purchaser or other successor in title cannot be held liable for debt by the municipality
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S v Gudani (88/2015, A533/15) [2016] ZALMPHC 10 (18 March 2016)

SUMMARY The accused was charged with one count of assault with intent to inflict grievous bodily harm, for which an 18-month sentence of imprisonment was imposed. Judgment in this matter was subsequently referred to the Limpopo High Court for review. Upon commencement of the trial in the Dzanani Magistrates’ Court (the “DMC”), the accused elected
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Not getting statements from COJ?

Introduction This article considers the various reasons that a consumer might not be receiving his or her municipal invoice, and includes some tips and recommendations for resolving these problems. #1.  No account After purchasing a property, purchasers expect to receive municipal invoices from their local municipality in respect of rates and taxes and services. In
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The Implications of the Constitutional Court Decision: Jordaan and Others v City of Tshwane Metropolitan Municipality and Others [2017] ZACC 31

Introduction The Constitutional Court held last week that historical municipal debt (meaning municipal debt attaching to a property which is older than two years at the date of application for a rates clearance certificate) does not “survive” transfer, meaning that the purchaser or other successor in title cannot be held liable for debt by the
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Mantis Investment Holdings (Pty) Ltd v Eastern Cape Development Corporation and Others

BACKGROUND Mantis Investment Holdings Pty (Ltd) (the “Appellant”) was the sole shareholder of Bushman Sands Development (Pty) Ltd (“Bushman Sands”). Bushman Sands borrowed the sum of R19 357 645.00 (Nineteen Million, Three Hundred and Fifty-Seven Thousand, Six Hundred and Forty-Five Rand) from the Eastern Cape Development Corporation (the “First Respondent”). Before the First Respondent could
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