What the Consumer Protection Act Means for Commercial Property Owners
Tuesday, 27 September 2016
Introduction Commercial property owners who lease out their properties must ensure that they are fully informed of the provisions of the Consumer Protection Act 68 of 2008 (the “Act”) as it places onerous requirements on “suppliers” as regards the management of lease agreements for the purposes of protecting “consumers”. A “consumer” (as defined in the
- Published in 2016, Commercial Law, Property Law
No Comments
Commentary on the Immigration Amendment Bill
Friday, 03 June 2016
Introduction Foreigners who stay longer than their visa allows face much harsher sanctions under a new immigration law, which lawyers say is punitive and unconstitutional. The Immigration Amendment Bill (the “Bill”) was published in Government Gazette No. 39501 of 11 December 2015, in order to amend the Immigration Act 13 of 2002 (“the Act”). This
COJ’s Draft Problem Property Bylaws
Thursday, 02 June 2016
Introduction The City of Johannesburg (“City”) has recently published a draft “By-law on Problem Properties” document (“bylaws”). Problem Properties are defined to include any part of a building or structure located in the City, and which fit the criteria set out in clause 7(1) of the bylaws. Section 7(1) is a long list, which includes
- Published in 2016, Municipal Law
COJ’s By-Law on Problem Properties
Thursday, 02 June 2016
Introduction The City of Johannesburg (“City”) recently promulgated its “By-law on Problem Properties” (“Bylaws”). We wrote a previous article commenting on the difficulties that the Draft By-law on Problem Properties pose. This article looks at problems caused by the promulgated (final) version, which is now legally in force. For convenience, some of the content herein
- Published in 2016, Municipal Law, Property Law
What type of rates clearance certificate is a seller legally obliged to obtain?
Tuesday, 24 May 2016
Introduction Following the Supreme Court of Appeal’s Mathabathe judgment in 2013, this area of practice has become fraught with risks for buyers, sellers, banks, estate agents, attorneys, and many others. Every property acquisition can now result in unintended consequences for the unaware. This article explores the question “what type of Rates Clearance Certificate” (“RCC”) a
- Published in 2016, Conveyancing, Property Law
Case Note: KwaZulu – Natal Law Society v Moodley and Another (7037/2014) [2016] ZAKZPHC 25 (26 February 2016)
Friday, 29 April 2016
Summary The Applicant was seeking to strike off the First Respondent from the roll of attorneys on account of her not being a fit and proper person to practise as an attorney. The First Respondent faced four counts of professional misconduct namely: 1. A contravention of s 70(2) of the Attorneys Act No. 53 of
Case Note: Spring Forest Trading 599 CC v Wilberry (Pty) Ltd t/a Ecowash & Another
Thursday, 28 April 2016
Summary This case concerns an appeal to the Supreme Court of Appeal (SCA) wherein the court upheld an appeal against a decision of the High Court of KwaZulu-Natal. The High Court a quo found that it was not permissible for a written agreement, which required cancellation to be in writing and signed by the parties,
- Published in 2016, Commercial Law, Other
Free Basic Electricity: Do you have a right to it?
Thursday, 28 April 2016
Introduction Electricity has become an integral part of daily life and it cannot be disputed that it has made daily living a little more efficient. Considering the current energy crisis and frequent power cuts in the form of “loadshedding”, is there a duty on government to provide free basic electricity to the people of South
- Published in 2016, Municipal Law, Property Law
Unlawful Conduct of Debt Collectors
Tuesday, 26 April 2016
This article examines what it is legal (and not legal) for debt collectors to do when collecting debt from customers. Regulation of Debt Collectors The conduct of debt collectors is regulated by the Debt Collector’s Act, as well as by our common law relating to harassment, intimidation and other criminal acts of a similar nature,
- Published in 2016, Commercial Law, Criminal Law
The Right to Obtain “Job Cards” from a Municipality
Friday, 08 April 2016
This article discusses what a job card is, why you might need one, the process to obtain one, and what to do if you are denied one. What is a job card? Job cards are documents that are generated by people who work for (or who are contracted to work for) municipalities, when testing, or
- Published in 2016, Municipal Law
