A Landlord’s guide to Vetting Tenants

Introduction The (mis)information found on the internet nowadays can make any non-paying tenant an “expert” in property law, with the unfortunate result that some invoke “squatter rights” within minutes of being threatened with legal action for the non- payment of rental. This has resulted in a situation where many tenants stay in occupation of the
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Executor of the Estate of the Late Josephine Terblanche Gouws (Charmaine Celliers N.O.) v Magnificent Mile Trading 30 (Pty) Ltd and Others (594/17) [2018] ZASCA 91 (1 June 2018)

SUMMARY This appeal concerned an application brought by the late Mr Nicolaas Gouws (Mr Gouws) for the conversion of his unused old order mineral right to a new order prospecting right for coal in respect of his property, Portion 9 of the farm Driefontein 338 in the district of Middelburg, Mpumalanga. Magnificent Mile Trading 30
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The Forgotten Requirement of the Mandament van Spolie and its practical application to Landlords and Tenants

Introduction There is a very good reason why they say that “possession is 9/10ths of the law” as the concepts of possession and ownership are entirely distinct and are treated very differently in our law.  Just because you are the owner of a thing, this does not mean that you are entitled to possession of
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The implications of the Constitutional Court decision: Jordaan and Others v City of Tshwane Metropolitan Municipality and Others

The Constitutional Court held last week that historical municipal debt (meaning municipal debt attaching to a property which is older than two years at the date of application for a rates clearance certificate) does not “survive” transfer, meaning that the purchaser or other successor in title cannot be held liable for debt by the municipality
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S v Gudani (88/2015, A533/15) [2016] ZALMPHC 10 (18 March 2016)

SUMMARY The accused was charged with one count of assault with intent to inflict grievous bodily harm, for which an 18-month sentence of imprisonment was imposed. Judgment in this matter was subsequently referred to the Limpopo High Court for review. Upon commencement of the trial in the Dzanani Magistrates’ Court (the “DMC”), the accused elected
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The Argent Industrial case: Prescription of municipal charges for electricity and water

By Chantelle Gladwin-Wood, Partner and Maike Gohl, Partner Introduction Judgment in the matter of Argent Industrial Investments (Pty) Ltd v Ekurhuleni Metropolitan Municipality( 17808/2016) [2017] ZAGPJHC 14; 2017 (3) SA 146 (GJ)was handed down on 13 February 2017 in the Gauteng Local Division of the High Court by Judge S Yacoob.  This matter was handled
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Not getting statements from COJ?

Introduction This article considers the various reasons that a consumer might not be receiving his or her municipal invoice, and includes some tips and recommendations for resolving these problems. #1.  No account After purchasing a property, purchasers expect to receive municipal invoices from their local municipality in respect of rates and taxes and services. In
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The Implications of the Constitutional Court Decision: Jordaan and Others v City of Tshwane Metropolitan Municipality and Others [2017] ZACC 31

Introduction The Constitutional Court held last week that historical municipal debt (meaning municipal debt attaching to a property which is older than two years at the date of application for a rates clearance certificate) does not “survive” transfer, meaning that the purchaser or other successor in title cannot be held liable for debt by the
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Mantis Investment Holdings (Pty) Ltd v Eastern Cape Development Corporation and Others

BACKGROUND Mantis Investment Holdings Pty (Ltd) (the “Appellant”) was the sole shareholder of Bushman Sands Development (Pty) Ltd (“Bushman Sands”). Bushman Sands borrowed the sum of R19 357 645.00 (Nineteen Million, Three Hundred and Fifty-Seven Thousand, Six Hundred and Forty-Five Rand) from the Eastern Cape Development Corporation (the “First Respondent”). Before the First Respondent could
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CRC Engineering (Pty) Ltd v J C Dunbar & Sons (Pty) Ltd 1977 (1) SA 710 (W)

SUMMARY In this matter, CRC Engineering (Pty) Ltd (“CRC Engineering”) claimed for provisional sentence against J C Dunbar & Sons (Pty) Ltd (“J C Dunbar”), based on an architect’s certificate which had allegedly been signed for or on behalf of the architect for J C Dunbar. CRC Engineering’s summons expressly called upon J C Dunbar
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