Boreholes and Water Use Rights/Allocations

Introduction The recent water restrictions have brought into sharp focus how even “first world” cities like Johannesburg are battling to manage their water resources in a sustainable manner. Johannesburg Water SOC Ltd and the City of Johannesburg Metropolitan Municipality (“COJ”) are accordingly promoting the use of borehole water as an alternative to the conventional municipal
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Minister of Defence and Military Veterans v Maswanganyi [2019] ZASCA 86 (31 May 2019) (739/18)

SUMMARY On or about 31 May 2019, the Supreme Court of Appeal (the “SCA”) upheld an appeal against a judgment and order of the Gauteng Local Division of the High Court, Pretoria (Raulinga J, sitting as court of first instance) (the “High Court”). The matter concerned itself with the interpretation of s 59(1)(d) of the
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National Union of Metal Metalworkers of South Africa and Another v Aveng Trident Steel (A Division of Aveng Africa Proprietary Limited) and Others (JA25/18) [2019] ZALAC 36 (13 June 2019)

BACKGROUND In 2014, Aveng Trident Steel (“Aveng”) initiated a consultation process in terms of section 189 of the Labour Relations Act (“the LRA”) with the union NUMSA. Aveng recognised that a reduction of staff would not be sufficient to resolve its operational problems. It needed to achieve an improvement in productivity as well by, inter
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Jacoti Construction CC v PHG Group CC (6006/2017) [2019] ZAFSHC 120 (18 July 2019)

SUMMARY PHG Group CC (“the Defendant”) raised an exception to Jacoti Construction CC (“the Plaintiff’s”) Summons and Particulars of Claim based on the fact that they lacked certain averments in order to adequately sustain a cause of action.   Subsequently, the Defendant’s exception was upheld and the Plaintiff was ordered to pay costs of the
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Fischer v Ubomi Ushishi Trading CC and Others 2019 (2) SA 117 (SCA).

BACKGROUND AND SUMMARY This matter considered whether a real right to a half-share in immovable property vests in a spouse, immediately after the dissolution of a marriage. More specifically, the court was tasked with determining whether the real right to the half-share in the immovable property vested in terms of a court order, incorporating a
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NPGS Protection and Security Services CC and Another v FirstRand Bank Ltd (314/2018) [2019] ZASCA 94 (6 June 2019)

BACKGROUND AND SUMMARY The Supreme Court of Appeal (“the SCA”) recently dismissed an appeal brought by NPGS Protection and Security Services CC (“the First Appellant”) and Mr. Llwellyn Rwaxa (“the Second Appellant”), herein after collectively referred to as “the Appellants” against a judgment of the High Court of South Africa, Gauteng Local Division, Johannesburg (“the
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Kameel v Master of the High Court Bloemfontein and Another (A230/2018) [2019] ZAFSHC 129 (1 August 2019)

SUMMARY This appeal, against the decision of a single Judge, to the full bench of the High Court, dealt with authenticity of various documents executed by SS Monyane (“the deceased”), and whether they were intended to be her last will and testament. BACKGROUNDThe appellant, the deceased’s daughter, was appointed as the Master’s representative in terms
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B-BBEE – A BROAD OVERVIEW

Introduction This article aims to provide a basic overview on the workings of Broad-Based Black Economic Empowerment (hereinafter “B-BBEE”), having particular regard to the Codes of Good Practice on Broad-Based Black Economic Empowerment published in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act No. 53 of 2003 (hereinafter “the Act”), as amended
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Fines and Penalties in Community Schemes

Introduction This article deals with the legal issue of what fines and penalties are in relation to community schemes (such as a sectional title schemes, share blocks and homeowner’s associations, also known as private estates (“Estates”)). We look at the relevant laws governing the topic and explain the implications thereof. What are Fines and Penalties?
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Does the Mandament Van Spolie Protect Commercial Tenants?

It was emphatically confirmed by the Supreme Court of Appeal in Eskom Holdings SOC Ltd v Masinda that the mandament van spolie (“the mandament”) does not have a “catch-all” function and that it cannot operate as a remedy to restore possession of electricity/water supply to a property in a contractual dispute where the right to
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