Is Registration of Home Builders required where they build to lease in terms of the Housing Consumes Protection Measures Act 95 of 1998?
Thursday, 24 October 2019
INTRODUCTION This article examines whether the registration and enrollment requirements in the Housing Consumers Protection Measures Act 95 of 1998 (the “Act”) applies to home builders who build homes with the intention of leasing same to tenants, as opposed to selling. The establishment and objects of the National Home Builders Registration Council (“NHBRC”) The Act
- Published in 2019, high court, Housing and Construction
No Comments
Roux v Powell (17499/18) [2019] ZAWCHC 132 (4 October 2019)
Wednesday, 23 October 2019
SUMMARY This case dealt with an exception to the Plaintiff’s amended Particulars of Claim. The Plaintiff alleges that the Defendant maliciously and intentionally published defamatory statements about her on the internet, and seeks damages and a final interdict, directing the removal of the publications. Background In 2005, the Plaintiff, appointed by the Family Advocate, filed
- Published in 2019, Exception in relation to an alleged defamation
Standard Bank of SA v Rahme and Another (17/46904; 27740/2018; 27741/2018; 3765/2019; 11912/2018) [2019] ZAGPJHC 287 (3 September 2019)
Tuesday, 22 October 2019
SUMMARY Subsequent to the finding in the High Court of South Africa, Gauteng Local Division, Johannesburg (the “Court”), by Grant AJ in First Rand Bank Ltd v Excel B Shabangu & 4 Others (“First Rand Bank Ltd”) that the amendment of Rule 32 of the Uniform Rules of Court (“Rule 32”) applies retrospectively, Siwendu J,
- Published in 2019, Rule 32 of the Uniform Rules of Court: Summary Judgment
Goosen v Wiehahn (761/2018) [2019] ZASCA 137 (1 October 2019)
Monday, 21 October 2019
SUMMARY This case dealt with the will of one late Abhraham Gerhadus Geldenhuys (the “Testor”) executed on 27 November 1990 (the “Will”). Included in the Testor’s estate was 2 (two) farms described as Hunites and Holte (the “Farms”), which he bequeathed to his wife, Mrs Alberta Johanna Geldenhuys (“Mrs Geldenhuys”). The bequeath was subject to
- Published in 2019, Law of Succession
Eleni Shipping Limited v Transgrain Shipping BV (The Eleni P)[2019]EWHC 910 (Comm)(10 April 2019)
Wednesday, 16 October 2019
SUMMARY AND ARBITRATION AWARD This matter was an appeal from an arbitration award, over the correct interpretation of two clauses, namely clauses 49 and 101, in a charter party contract (a deed between a shipowner and a trader for the hire of a ship and the delivery of cargo)(the “Contract”). The arbitration tribunal who had
- Published in 2019, Contract Law, English Law
Visagie & Associates CC & another v Small Enterprise Finance Agency Ltd (262/2018) [2019] ZASCA 32 (28 March 2019)
Tuesday, 15 October 2019
BACKGROUND AND SUMMARY On or about 16 July 2001, the first appellant, Visagie & Associates CC duly represented by the second appellant Mr Mullard Visagie (hereinafter together referred to as the “appellants”) entered into a lease agreement with Small Enterprise Finance Agency Ltd (the “respondent”). In terms of the lease agreement, the rentals were payable
- Published in 2019, law of contract
S v Cronje (19113) [2019] ZAWCHC 133
Monday, 14 October 2019
BACKGROUND AND SUMMARY The court was tasked with considering whether or not the sentence passed in the trial court was in accordance with justice, in terms of section 304 of the Criminal Procedure Act, 51 of 1977 (“the Act”). The accused appeared before the magistrate in Muizenberg in the district of Simon’s Town and
- Published in 2019, Criminal Law, Jurisdiction, Review, Sentencing
Grobler v Master of the High Court and Others (645/2018) [2019] ZASCA 119 (23 September 2019).
Friday, 11 October 2019
SUMMARY The matter before the Supreme Court Appeal (the “SCA”) dealt with the question of whether an unsigned will constituted the deceased’s last will and testament. The Appellant in this matter is the deceased’s widow (his second wife) and the Respondents are the deceased’s biological children, born of his marriage to his first wife, as
- Published in 2019, Law of Succession
Stallion Security (Pty) Limited v Van Staden (526/2018) [2019] ZASCA 127 (27 September 2019)
Thursday, 10 October 2019
SUMMARY On or about 03 November 2014, an employee of Stallion Security (Pty) Ltd (the “Appellant”), namely Mr. Khumalo, murdered Ms Van Staden’s (the “Respondent”) spouse (the “Deceased”), who was employed as a financial manager at the head office of Bidvest Panalpina Logistics (Pty) Ltd (“Bidvest”). The issue considered in this appeal was whether the
