Mass evictions in terms of the Prevention of Illegal Evictions from and Illegal Occupation of Land Act 19 of 1998.

Article written by Katleho Selepe, Candidate Attorney, checked and released by Dianne Reddy, Associate at Schindlers Attorneys 16 November 2022 INTRODUCTION BACKGROUND FACTS APPLICABLE LEGISLATION COMPLIANCE WITH THE PIE ACT AND CONSIDERATION OF THE MERITS 12.1. The served Notice of Motion did not have a date on which the eviction application hearing will be held,
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The Application of Rule 46A in relation to the Execution of Residential Property owned by a Trust

Article by Katleho Selepe, Candidate Attorney, checked and released by Dianne Reddy and Maike Gohl, Partner at Schindlers Attorneys Introduction Rule 46A of the Uniform Rules of Court (“the Rules”) regulates the execution against residential immovable property. Rule 46 came to effect in response to the South African courts approach regarding factors to be considered
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WENTZEL v DISCOVERY LIFE LTD AND OTHERS 2019 (6) SA 559 (GP)

SUMMARY On or about 1 June 2012, Malcom Wentzel (“the Applicant”) took out a life  insurance policy number 5130640002 (“the Policy”) on the life of his wife, with whom he was married to in community of property, with Discovery Life (“the First Respondent”) and appointed himself as a beneficiary of the proceeds of the policy
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Praetura Asset Finance Ltd v Hood [2019] EWHC 2231 (Comm) (31 July 2019)

THE DEFAULT JUDGMENT The High Court of Justice (Business and Property Courts in Manchester) (the “Court”) heard a case in which Praetura Asset Finance Limited (the “Claimant”) sought to recover approximately £1,500,000.00 (One Million Five Hundred Thousand Pounds) from Derek Thomas Hood (the “Defendant”) in terms of an unregulated hire purchase agreement which involved a
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Parktown High School for Girls v Hishaam & another (93/2018) [2019] ZASCA 10 (14 March 2019)

BACKGROUND This is an appeal that arises from an incident at a public school where a young member of the public was injured on the school’s premises while attending a fashion show. Naqeeb Emeran (“Naqeeb”) attended a fashion show at Parktown High School for Girls, which was organized by the Representative Council of Learners (“RCL”).
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Z v Commissioner for the South African Revenue Service (IT4412) [2019] ZATC 13 (26 August 2019)

SUMMARY Background The Mr Z (the “Appellant”) was diagnosed with multiple sclerosis and peripheral polyneuropathy. As a result thereof, he claimed medical tax credits in terms of section 6B(1) of the Income Tax Act 58 of 1962 (the “ITA”) for the expenses that he contended he had incurred for treating his disability. The Appellant disputed
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McNair v Crossman and Another (A5023/18) [2019] ZAGPJHC 298; 2020 (1) SA 192 (GJ) (5 September 2019).

BACKGROUND The Appellant in this case is Gillian McNair, the former wife of the late Steven McNair (the “Deceased”). The Deceased, prior to his death, registered the McNair Family Trust (the “Trust”) nominating his wife and children as beneficiaries of the Trust. While the Deceased was alive, the trustees were the Deceased, the Appellant and
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Interactive Trading 115 CC and Another v South African Securitisation Programme and Others (2119/2017) [2019] ZALMPPHC 10; 2019 (5) SA 174 (LP) (29 March 2019)

SUMMARY This is an application for rescission of judgment wherein Interactive Trading 115 CC (the “First Applicant”) and Barend Stephanus Schempers (the “Second Applicant”) (the “Applicants”) sought to rescind a judgment which was granted in default against them on 21 December 2017 and later varied on 05 June 2018. Both the main judgment and the
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Global & Local Investments Advisors (Pty) Ltd v Nickolaus Ludick Fouché (71/2019) [2019] ZASCA 08 (18 March 2020)

SUMMARY Global and Local Investments Advisors (Pty) Ltd (“the Appellant”), a financial services provider, was authorised to invest and manage money entrusted by Nickolaus Ludick Fouche (“the Respondent”). The Appellant’s role is to open accounts for its clients at Investec and then manage such accounts for a fee expressed as a percentage of the funds
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Crosspoint Property Investments (Pty) Ltd and Another v Mabilo and Others (356219) [2019] ZAGPJHC 52 (15 February 2019)

SUMMARY THE PARTIES The First Applicant, Crosspoint Property Investments (Pty) Ltd, was granted a tender by the Gauteng Department of Human Settlements to develop the broader area on which the Second Applicant’s properties are situated. The development is in terms of a project that intends to yield thousands of units of integrated housing and associated
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