Commissioner for the South African Revenue Service v Char-Trade 117 CC t/a Ace Parking (776/2017) [2018] ZASCA 89 (31 May 2018)

BACKGROUND During 2007 to 2011, Char-Trade 117 CC (“the Respondent”), made various loans to related close corporations and companies within its group of companies. The Respondent reported these loans in its annual financial statements as ‘unsecured, bear interest at current rates and have no fixed terms of repayment’. The Commissioner for the South African Revenue
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SACCAWU obo Bongumusa Mvuyana and 14 Others V Oyster Box Hotel (Pty) Ltd (2018) D711/07 (LC)

SUMMARY The factual matrix from which this judgment arises concerns a retrenchment dispute. The matter pivoting on the consultation process adopted by Oyster Box Hotel (Pty) Ltd (the “Employer”), SACCAWU obo Bongumusa Mvuyana (the “Trade Union”) disputing the Employer’s compliance with the consultation process stipulated in S189(2) of the Labour Relations Act No. 66 of
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Municipal Mysteries: When “actuals” aren’t “actuals”

Introduction This article canvases what a consumer can do to protect himself[1] when a municipality is charging him according to “actual” readings for electricity or water consumption, but where the readings used by the municipality are clearly not ‘actuals’ and thus cannot be true and proper readings.   Actuals versus Estimates                                                                                                                                                            There are two types
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Friedshelf 325 (Pty) Ltd & Another v Mokwena (652/17) [2018] ZASCA 102 (5 July 2015).

SUMMARY In August 2015, Ms Mokwena (the Respondent) instituted an action in the Land Claims Court (the LCC) claiming an order that she be declared a labour tenant under the Land Reform (Labour Tenant) Act 3 of 1996 (the LTA). She further claimed that she be awarded a portion of Portion 50 of the farm
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Muddying the waters: COJ’s confusing “zoning driven rating policy”

Introduction City of Johannesburg Metropolitan Municipality (“COJ”) has taken the view that rating categorisations and tariffs are distinct legal concepts, and that this entitles it to change a consumer’s tariff without following the procedure prescribed in the Local Government: Municipal Property Rates Act (“the Act”), that applies to the change of a consumer’s rating categorisation.
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Powell v Powell (52917/07) [2008] ZAGPHC 44 (15 February 2008)

SUMMARY In this case, the Applicant and the Respondent were married and divorced and then remarried and are again divorcing. The Applicant therefore brought the Rule 43 Application in order to determine the parental responsibilities and rights of the couple’s two minor children as well as her maintenance and that of the two minor children.
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Conradie v S (CCT224/17) [2018] ZACC 12; 2018 (7) BCLR 757 (CC) (25 April 2018)

SUMMARY The Applicant was convicted on two counts of rape the Regional Magistrate’s Court and sentenced to 18 years’ imprisonment. Subsequent to sentence being handed down in the Wynberg Regional Magistrate’s Court, the Applicant was granted leave to appeal to the High Court, Western Cape Division (“High Court”) where the appeal against the convictions was
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What to do when your Neighbour Builds right up to your Property

Introduction This articles explains your rights as a property owner when a neighbour violates a building line or encroaches on your land.   Determining Building Lines Every property has several imaginary lines that run along the inside of the property parallel to the borders, a few meters away from the actual borders.  These are known
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BUILDING PLANS AND VOETSTOOTS

Introduction If you have bought a property only to realize 6 months down the line that it does not have approved building plans, this constitutes a latent defect, and you may be able to claim damages as a result. Rights related to latent defects Where a latent defect is discovered after ownership has passed to
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Is there a duty on conveyancers to tell purchasers about seller’s historical debt?

Background Several municipalities (Tshwane, Ethekwini and Ekurhuleni) argued in the Constitutional Court in the “New Ventures”[1] matter that it is lawfully permissible for a municipality to attach and sell a purchaser’s property in order to satisfy debt owed to the municipality by prior owners of that property. The municipalities argued that this right was given
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