The Great Escape Clause – Section 110 of the Systems Act

By Chantelle Gladwin-Wood, Partner and Dean Wright, Partner Introduction This article examines the legal effect of section 110 of the Local Government:  Municipal Systems Act (“the Systems Act”) in relation to a municipality’s burden of proof during litigation.  The (very alarming) section reads as follows: Certain certificates to be evidence In legal proceedings against a
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Income Tax Act S12L: The Carbon Tax

By Gary Boruchowitz, Associate and Chantelle Gladwin, Partner Introduction The process has been painstaking but South Africa is creeping closer to the implementation of a carbon tax. Draft carbon tax bills were introduced in 2015 and 2017, and the South African government is confident that a green tax will be implemented next year.   What
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Expropriation # 2: Tenants and Occupiers

By Chantelle Gladwin-Wood, Partner and Anja van Wijk, Senior Associate Introduction There are many controversial questions regarding Expropriation Without Compensation (“EWC”) doing the rounds, some of which are (purposely) being sensationalized by the media (and especially social media) to increase readership. This article is one of a series on expropriation and looks at some of
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What to do with a Tenant’s Leftovers

By Anja van Wijk, Senior Associate and Chantelle Gladwin-Wood, Partner Introduction This article examines the practical solutions available to a landlord in the situation where a tenant vacates a property and leaves personal items behind. In support of Womens’ Day tomorrow, all references to persons will be in the feminine, but must be understood as
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Self-help Evictions

By Maike Gohl, Senior Associate and Anja van Wijk, Senior Associate Introduction This article discusses the possible repercussions of landlords that undertake “self-help” evictions when it comes to removing occupants from their properties. Self-help evictions are attempts at removing anybody from a property without the necessary court order, and are also called unlawful evictions.  
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Bester v Selfmed Medical Scheme (C171/2015) [2018] ZALCCT 25 (31 July 2018)

BACKGROUND Marthie Bester (“the Applicant”) was initially permanently employed as the national marketing director of Selfmed (“the Respondent”). This was later converted to a fixed term contract expiring on 31 December 2014. Upon expiry of her contract, the Applicant alleged that she was owed 218.74 days’ accrued leave. However, the Respondent contended that she was
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Mostert v ERF 261 Nylstroom Beleggings CC t/a Cash Converters Modimolle (NCT/112706/2018/99(2)) [2018] ZANCT 97 (10 October 2018)

SUMMARY On or about 05 August 2017, Dawid Fredrik Mostert (herein referred to as the “Applicant”) entered into a pawn agreement with a registered credit provider, being Erf 261 Nylstroom Beleggins CC trading as Cash Concerters Modimolle (hererin referred to as the “Respondent”). In terms of the aforementioned pawn agreement, the Respondent advanced an amount
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Silatsha v The Minister of Correctional Services (1040/2017) [2018] ZASCA 145 (02 October 2018)

SUMMARY During the period of March 2008 to March 2012 the appellant, Mr Andile Silatsha (“the Appellant”), was an inmate at St Albans Correctional Facility in Port Elizabeth. In October 2012, the Appellant instituted proceedings against the Minister of Correctional Services (“the Minister”) in the Port Elizabeth High Court, wherein damages were sought in respect
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GLENCORE HOLDINGS (PTY) LTD AND ANOTHER V SIBEKO AND OTHERS (JA16/2016, 2013/JR2189) [2017] ZALAC 65; [2018] 1 BLLR 1 (LAC); (2018) 39 ILJ 138 (LAC) (1 NOVEMBER 2017)

SUMMARY Glencore Holdings (Pty) Limited (“the Employer”) dismissed Sibeko (“the Employee”) following an investigation in which it was discovered that the Employee had failed to follow stipulated workplace protocol, namely for failing to wear ear muffs. The Employee chose to refer the matter to arbitration, as he was adamant that he was not guilty of
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Business Rates for Residential Properties

By Chantelle Gladwin-Wood, Partner and Maike Gohl, Senior Associate   Introduction This article examines the instances in which the City of Johannesburg Metropolitan Municipality (“COJ”) charges residential property owners business rates, the legality thereof, and what a consumer faced with such a problem can do about it.   Legal Basis for Levying Rates The relevant
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