VOETSTOOTS AND THE CONSUMER PROTECTION ACT
Friday, 10 January 2020
INTRODUCTIONSince the promulgation of the Consumer Protection Act on 1 April 2011 (CPA) there has been debate as to whether the voetstoots clause is permitted by the CPA. This article serves as an argument in the first instance that the CPA does not apply to the vast majority of residential immovable property sales and in
- Published in Consumer Protection Act, 2015
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NOTIONAL INPUT TAX CREDIT: FIXED PROPERTY ACQUIRED BY A VAT VENDOR FROM A NON-VAT VENDOR
Friday, 10 January 2020
INTRODUCTION Where a VAT Vendor acquires fixed property from a Non-VAT Vendor, such transaction is subject to Transfer Duty at the prescribed rates. Prior to 10 January 2012, the purchasing VAT-Vendor was (under certain circumstances) able to claim the transfer duty paid in respect of the acquisition from SARS as a notional input tax credit.
- Published in 2015, Notarial Law
Case Note: City of Tshwane v Blom 433/2012 [433/12] 88 ZASCA (31 May 2013)
Wednesday, 23 August 2017
Summary The issue herein relates to whether sections 8(1) and 8(2) confers authority on a municipality to add to the list of categories of rateable property by creating in its rates policy a category called ‘non-permitted use’ or ‘illegal use’ and levy a higher rate accordingly. The issue arises because the Appellant has categorised the
- Published in 2015, Municipal Law, Property Law
Case note: Mighty Solutions CC t/a Orlando Service Station v Engen Petroleum Ltd and Another (CCT211/14) [2015] ZACC 34
Tuesday, 16 February 2016
Summary This application for leave to appeal raises queries on the content of the law of lease. It concerns an attempt by a petrol wholesaler to evict a licensed petroleum retailer from premises in Soweto where the retailer operated a business under the wholesaler’s brand. The Applicant, is a licenced petroleum retailer in terms of
- Published in 2015, Commercial Law, Property Law
Case Note: Stupel & Berman v Rodel Financial Services 2015 (3) SA 36 (SCA)
Thursday, 11 February 2016
Summary Immovable property was sold on auction by Amber Falcon to Cross Atlantic Properties for the purchase price of R7.2 million. Amber Falcon appointed the Appellants, Stupel & Berman (“S & B”), to act as the conveyancer in the registration of transfer of the property. Pending the transfer, Amber Falcon obtained bridging finance loans from
- Published in 2015, Commercial Law
Case Note: Nkosi v The State (20727/14) [2015] ZASCA 125 (22 September 2015)
Monday, 08 February 2016
FAIR IS FOUL AND FOUL IS FAIR Death of an armed robber owing to dolus eventualis Summary INTRODUCTION AND BACKGROUND FACTS The appellant (“the Surviving Robber”) was convicted in the North Gauteng High Court on one count of murder, two counts of robbery with aggravating circumstances, and one count each of unlawful possession of a
- Published in 2015, Criminal Law
Case Note: South African Local Authorities Pension Fund v Mthembu & Another (20649/2015) [2015] ZASCA 205 (3 December 2015)
Friday, 05 February 2016
Summary BACKGROUND On 3 May 1997, the First Respondent became entitled to claim a child pension benefit from the Appellant on behalf of her daughter (“Mbali”), upon the death of her husband; who was a member of the Appellant. The Appellant’s Pension Fund Rules (“the Rules”) contained a clause which prohibited the granting of a
- Published in 2015, Family Law, Other
Case Note: Mathale v Linda and Another [2015] ZACC 38
Friday, 05 February 2016
Summary The Applicant unlawfully resided on a property in a township (“the Property”) and was in undisturbed possession of that Property for a period of 20 (Twenty) years. The Property was subsequently allocated and transferred to the First Respondent, by the Ekurhuleni Metropolitan Municipality (“the Second Respondent”), following the formalisation of the township. The Applicant
- Published in 2015, Property Law
CASE NOTE : ELLIS AND ANOTHER V CILLIERS N.O AND OTHERS (16936/11) [2015] ZAWCHC 145 (9 October 2015)
Thursday, 07 January 2016
SUMMARY The case deals with an application which was brought to court on an urgent basis in 2011 for the restitution of the plaintiffs’ purchase price and the defendants’ property: a wooden house (the “res vendita”) due to structural defects (unlevel floors and ceiling). The Court a quo referred the matter to trial during which
- Published in 2015, Commercial Law, Conveyancing, Property Law
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