Basson and Another v Reddy and Others (11695/2017) [2018] ZAKZDHC 9 (20 April 2018))

SUMMARY The First and Second Applicants, were the owners of a property situated in Chiltern Hills, Kwazulu Natal (“the Property”). On 22 June 2016 the Applicants entered into an agreement with the First and Second Respondent (hereinafter the Respondents) for the purchase and sale of the Property. Clause 1.5 of the contract of sale required
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When does a person need to register with the NHBRC?

Introduction This article looks at when it is necessary in terms of the National Housing Consumers Protection Measures Act 95 of 1998 (“the Act”) for a person or entity to register with the National Home Builders’ Registration Council (NHBRC) as a “home builder”.   Home builder In terms of section 10 of the Act, any
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Sexual Harassment in the Workplace: The Employer’s Obligation to Take Positive Steps in Protecting Its Employees

By Pierre van der Merwe, Partner and Charlotte Clarke, Candidate Attorney, 8 November 2017   Introduction The issue of sexual harassment is in the spotlight recently with everyone from Hollywood director Harvey Weinstein to our own South African politicians coming under fire for their conduct. The #MeToo movement has further encouraged victims of sexual harassment
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Public purpose and public interest in the context of expropriation of property

By Chantelle Gladwin-Wood (Partner) and Jan – Harm Swanepoel (Candidate Attorney)   Introduction This article examines what is meant by the phrases “public purpose” and “public interest” in the context of the expropriation of property in terms of section 25(2) of the Constitution of the Republic of South Africa, 1996 (“the Constitution”). Public purpose/public interest
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The debate over Expropriation without Compensation

By Chantelle Gladwin-Wood, Partner and Tenielle Combrinck, Associate   Introduction This article explains what expropriation is in terms of South African Law, with reference to the current political environment and a focus on the present dispensation’s renewed vigor to speed up and enhance land redistribution and amend the Constitution to permit expropriation without compensation.  
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The Selling of Agricultural Land, its Subdivision and Ministerial Consent

By Giles Freebody (Associate) and Ntobeko Maphanga (Candidate Attorney)   Introduction This article examines the recent case of Van Wyk and Others v Topaz Sky Trading 146 (Pty) Ltd and Others 2017 ZAGPPHC, a matter heard in the High Court of South Africa, Gauteng Local Division.   Background The First and Second Applicants had been
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Business Rescue: No Protection from Eviction in the Companies Act

By Maike Gohl, Associate and Charlotte Clarke, Candidate Attorney   Introduction This article examines the case of Kythera Court v Le Rendez-Vous Cafe CC and Another 2016 (6) SA 63 (GJ), which deals with the eviction of a close corporation undergoing business rescue proceedings in terms of s 129 of the Companies Act, 71 of
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