Readam SA (Pty) Ltd v BSB International Link CC and Others 2017 (5) SA 184 (GJ); [2017] 2 All SA 902 (GJ)

SUMMARY In April 2016, the Supreme Court of Appeal (“SCA”) upheld a High Court judgment and ordered that the defendant, (“BSB”), partially demolish a building that they had constructed on an erf in Parkmore. The SCA found that the construction was unlawful as it did not meet the requirements of the applicable Town Planning Scheme,
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Minister of Justice and Constitutional Development and Others v Prince; National Director of Public Prosecutions and Others v Rubin; National Director of Public Prosecutions and Others v Acton and Others [2018] ZACC 30

SUMMARY Issue before the Constitutional Court (“CC”): Whether the impugned provisions criminalizing the mere possession, use or cultivation of cannabis by an adult in private for his or her personal use, limit the right to privacy (as held by the High Court) and, if they do, whether that limitation is reasonable and justifiable in an
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NOTARIAL BONDS AS A FORM OF SECURITY

Introduction The registration of a mortgage bond over the immovable property of the debtor (“mortgagor”), in favour of the creditor (“mortgagee”), is a common example of granting security. A lesser known form of security is the notarial bond, which functions in a similar way to mortgage bonds but is registered over the movable property of
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Makah v Magic Vending (Pty) Ltd; Ngolo v Magic Vending (Pty) Ltd (A325/2016; A326/2016) [2017] ZAWCHC 142; 2018 (3) SA 241 (WCC) (16 May 2017)

SUMMARY This appeal concerned the consolidated appeals against two eviction applications. The Respondent, Magic Vending (Pty) Ltd applied for the eviction of the Appellants from their respective units. The court a quo granted the eviction of the Appellants, on the ground that they had failed to make payment of rental amounts to the Respondent. On
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Legal Distinction Between Private Schools and Public Schools: Consequences of Non-payment of School Fees

Introduction This article examines the legal relationship between parents of private school learners (“Private School Parents”) and private schools as juristic persons, while focusing specifically on the legal consequences faced by parents who default on their school fee payments. Private School Parents often mistakenly believe that the legal protection they receive is similar to that
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Firstrand Bank Ltd v The Land and Agricultural Development Bank of South Africa (436/13) [2014] ZASCA 115 (18 September 2014)

SUMMARY Court a quo: Firstrand Bank Limited (“Firstrand”) registered a general notarial bond (“GNB”) over all of the movable assets of Rubaco Boerdery (Edms) Bpk (“Rubaco”). Prior to the liquidation of Rubaco, Firstrand obtained an order perfecting its GNB to the amount of R5,500,000.00 (Five Million and Five Hundred Thousand Rand). Thereafter, the sheriff of
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Lesedi v Commission for Conciliation, Mediation and Arbitration and Others (JR667/15) [2018] ZALCJHB 57 (15 February 2018)

SUMMARY This matter concerns a review application brought about by Moeti John Lesedi (the “Applicant”) who is reviewing an arbitration order made by the Commission for Conciliation, Mediation and Arbitration (the “CCMA”), who is the First Respondent in the matter and Commissioner Timothy Boyce (the “Second Respondent”). The Applicant’s review application concerns Dischem Pharmacies (the
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Standard Bank of South Africa Ltd v Swanepoel NO 2015 (5) SA 77 (SCA)

SUMMARY This case is an appeal from the decision that was made by the Gauteng Division of the High Court, Pretoria. The question in this appeal is whether a duly registered trust can be named a party to a contract, concluded by the sole trustee on its behalf. If not, then the Respondent, Gerhardus Joshua
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Deeds Office v Municipalities: The 60 Day Rule and Rates Clearances

Introduction This article examines the legal and practical effect of Chief Registrar’s Resolutions 2 and 4 of 2018, which prescribe that a rates clearance certificate (“RCC”) is only valid for the purposes of facilitating the transfer of the property in the Deeds Office for a period of 60 days from the date of issue thereof,
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Minister of Defence and Military Veterans and Another v Mamasedi 2018 (2) SA 305 (SCA)

SUMMARY In casu, Mr Jonas Molefi Mamasedi (“Mamasedi”), who held the rank of sergeant in 1 South African Tank Regiment in the South African National Defence Force (“SANDF”), was absent without leave for a period of 36 (Thirty six) days. Upon his return and in terms of s 59(3) of the Defence Act 42 of
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