Sectional Title Schemes for Beginners

By Maike Gohl, Senior Associate and Lauren Squier, Candidate Attorney   Introduction This article canvases, at a basic level, some of the aspects that you, as a prospective or current sectional title owner, would need to know about the law regulating sectional title schemes and how same should be run before you buy into such
Read more
No Comments

Viziya Corporation v Collaborit Holdings (Pty) Ltd & others (ZASCA 189)

BACKGROUND In this case the Appellant, Viziya Corporation (“Viziya”) brought an application for leave appeal to the Supreme Court of Appeal against the judgement as handed down by the court a quo, the Gauteng Division of the High Court, Pretoria and against the refusal to grant leave to appeal in the same court. The court
Read more
No Comments

Did you get a Drone for Christmas? The Legal Parameters for Drone operators in South Africa – What you need to know

By Dominique Lloyd, Senior Associate and John Mackechnie, Candidate Attorney Introduction Owing to the advent of drone technology and the constantly evolving technological landscape, the law has accordingly developed to regulate this rapidly expanding industry. In order to do so, the South African Civil Aviation Authority (SACAA) (as a member of the International Civil Aviation
Read more
No Comments

Government of the Western Cape: Department of Social Development v Barley & others [2018] ZASCA 166 SCA.

SUMMARY This matter concerned a delictual claim against the Department of Social Welfare (“the Province”) and an early child development facility, “Aunty Dawn’s”, run by Ms Moore (“Moore”). The parents of Ava Barley a five-month old minor female (“Ava”), Mr and Mrs Barley (the “Barleys”) instituted a claim against Moore and the Province for damages
Read more
No Comments

Botha v Kirk Attorneys (EL 257/2016, ECD757/2016) [2019] ZAECELLC 1 (22 January 2019)

SUMMARY Mr. Lucian Botha (“the Plaintiff”), carrying on his trade as a building contractor was involved in a motor vehicle accident on or about 5 April 2013. The said accident, wherein the Plaintiff veered off the road owing to the negligence of an unidentified driver as argued by his counsel, resulted in him sustaining severe
Read more
No Comments

Vodacom (Pty) Ltd v Motsa & another (174/16) [2016] ZALCJHB 59

BACKGROUND In this case the First Respondent, being a Mr Godfrey Motsa (“Motsa”), resigned as a senior executive employee of the Applicant, being Vodacom (Pty) Ltd (“Vodacom”), and took up employment with the Second Respondent being, MTN Group LTD (“MTN”). Motsa was employed by Vodacom in or during January 2007. On or about 23 December
Read more
No Comments

Executive Managing Agents

By Chantelle Gladwin, Partner and Lauren Squier, Candidate Attorney   Introduction This article explains the nature and purpose of an executive managing agent for the purposes of the Sectional Title Schemes Management Act 8 of 2011 (“the STSMA”), it’s Regulations, The Sectional Title Act 95 of 1985 (“The Act”) and the Prescribed Management Rules (“PMR”)
Read more
No Comments

S v Diki (CC82/2018) [2018] ZAECGHC 130 (11 December 2018)

SUMMARY The Accused was charged with 3 counts to which he pleaded as follows: (1)  Not guilty to housebreaking with intent to commit rape; (2)  Not guilty to rape; and (3)  Guilty to attempted murder. The Accused entered into a plea explanation in which he stated as follows: On his way home, the Accused saw
Read more
No Comments

Securitas Specialised Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR 189/12) [2018] ZALCJHB 356(6 November 2018).

SUMMARY The factual matrix from which this judgment transpires concerns an Arbitrator’s award. Securitas Specialised Services (Pty) Ltd (“the Employer”) dismissed Edward Pheme (“the Employee”) following an internal disciplinary enquiry into the Employee’s misconduct (failure to visit clients for 7 months).  The chairperson found the Employee guilty of the misconduct and recommended a sanction of
Read more
No Comments

Ritz Plaza (Proprietary) Limited v Ritz Hotel Management Company (Proprietary) Limited (20753/17) [2018] ZAWCHC 60; [2018] 3 All SA 583 (WCC) (28 May 2018)

BACKGROUND On 11 October 2016, the applicant company (“the lessor”) concluded a written lease agreement (“the lease”) with the respondent (“the lessee”) in terms whereof the hotel and the property on which it is located were leased to it for a period of 20 years. By the end of 2016, the lessee began defaulting on
Read more
No Comments