Case Note: Mpambaniso v Law Society of the Cape of Good Hope (542/2014) [2016] ZAECGHC 114 (3 November 2016)

Summary This was an application for leave to appeal to the Supreme Court of Appeal (“SCA”) from the Eastern Cape High Court Division, Grahamstown, against the judgement given within which the Applicant was struck from the roll of attorneys due to his misconduct (“the Application”). The main ground upon which the Applicant applied for leave
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Case Note: Globe Motors Inc v TRW Lucasvarity Electric Steering Ltd [2016] EWCA Civ 396

Summary TRW Lucasvarity Electric Steering Ltd (“TRW”) produced electric power assisted steering systems for several car manufacturers. In 2001, TRW entered into an exclusive supply agreement (the “Agreement”) with Globe Motors Inc (“Globe”) wherein Globe supplied TRW with components used in the production of a certain type of motor (referred to as the “Gen 1
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Three Strikes Rule – Is It Out?

This article considers whether the “Three Strikes Rule” that is often utilised by landlords to create an instant cancellation mechanism in the event of a tenant repetitively breaching a lease, is still valid in terms of the amendments made to our Common Law of Landlord and Tenants by the Consumer Protection Act 68 of 2008
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NERSA’s Reseller’s Guidelines

This article considers the legal implications for various parties of NERSA’s recently published Reseller’s Tariff, with specific reference to the impact on property owners and managers within the jurisdiction of the City of Johannesburg Metropolitan Municipality (“COJ”). The authors only consider certain aspects of the Reseller’s Guidelines; a full exposition of same is beyond the
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The VAT Implications for the Supply of Services to Foreigners within South Africa

This article discusses the issue of whether services that are rendered to foreigners within South Africa are zero rated for VAT in terms of the Value Added Tax Act 89 of 1991 (the “VAT Act”). XO Africa Safaris CC (“XO Africa”) was a registered VAT vendor who assembled tour packages to foreign tour operators who
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Illegal Buildings

This article examines the legal rights of property owners and occupiers when dealing with illegal buildings (which are buildings that are built contrary to the approved plans on file at the municipality, or buildings that are built in contravention of any zoning, town planning, or title deed condition or restrictive covenant). The Law This issue
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Liability for Special Levies

This article examines the legal issue of whether the purchaser or seller of an immovable property is responsible for the payment of special levies raised by the body corporate or the home owners association concerned before transfer occurs. Basic Context When a property is located within a sectional title scheme or within an estate governed
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Case Note: Snyers v Mgro Properties (Pty) Ltd (20816/2014) ZASCA 151 (30 September 2016)

Summary The Supreme Court of Appeal (the “Court”) handed down judgment in a matter concerning the eviction, under the Extension of Security of Tenure Act 62 of 1997 (“ESTA”), of a farm worker and his family having particular regard to whether or not eviction notices were properly served on him while his labour dispute was
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Case Note: Land Access Movement of South Africa and Others v Chairperson of the National Council of Provinces and Others (CCT40/15) [2016] ZACC 22 (28 July 2016)

Summary This case dealt with the constitutional validity of the Restitution of Land Rights Amendment Act (“the Amendment Act”). The aim of the Act was to revive the lodgement of land claims in the Post-Apartheid era. The Applicant’s case was two-fold. The primary challenge sought a declaration that the Amendment Act, in its entirety, was
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Does a general valuation roll ever close?

This article examines the legal question of whether a general valuation roll ever ‘closes’, such that no further objections can be lodged to the information contained on it. Why do we care? Sometimes property owners (or other interested parties) only discover that a property has been incorrectly over or undervalued, or categorised, for the purposes
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