Deposits and The City of Johannesburg

By Chantelle Gladwin-Wood, Partner, and Maike Gohl, Partner        Introduction Schindlers has received numerous enquiries recently as to the legality of the City of Johannesburg (“the CoJ”) firstly demanding deposits (or dramatically increased deposits) from consumers, and secondly, debiting these deposits to the consumers’ monthly municipal accounts. This appears to be taking place
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Mfwethu Investments CC t/a Recharger Prepaid Meters v Citiq Meter Solutions (Pty) Ltd t/a Citiq Prepaid (13124/19) [2020] ZAWCHC 40

By Stef de Gouveia and checked by Mohau Ledwaba        Background:  This case dealt with whether the Western Cape High Court (the “Court”) had jurisdiction to hear the application and address the merits of the case. Mfwethu Investments CC t/a Recharger Prepaid Meters (the “Applicant”), sought a final interdict against the Respondent. Due
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A Landlord’s Guide to Rental Recovery and Security: Part 2

By Anja Van Wijk, Senior Associate and Chantelle Gladwin-Wood, Partner         Introduction Due to the time, costs and the risk of a poor (or no) recovery occasioned with the institution of legal proceedings by a landlord against a tenant for arrear rentals, it is predicted that the main focus of landlords will now
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Workforce Solutions v Small Claims Court Commissioner and Others (8412018) 2020 ZAECPEHC 16

By Kyle Venter and checked by Lauren Squier          Background The Applicant in this matter is Work Force Solutions. The Applicant is a training academy and a placement agency with its focus on training individuals for placement in health care institutions, the retail industry, the service station industry and business in general.
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B-BBEE FRONTING

By Megan Brook, Candidate Attorney and Justin Sloane, Partner       Introduction South Africa has one of the most unequal societies in the world due to its racially segregated past. The Constitution of the Republic of South Africa, 1996 (“The Constitution”) places a duty on our law-makers to put in place measures, legislative and
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Capic v Ford Motor Company of Australia Limited (Adjournment) [2020] FCA 486

By Phathu Ratshitanga and checked by Lauren Squier        Background In this matter, judge Perram of the Federal Court of Australia dealt with an application for postponement of a trial which was set down for a period of six weeks, commencing 16 June 2020. The trial, a class action in relation to faulty
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Understanding the Different Forms of Bail

By Alisha Naik, Candidate Attorney and Simone Jansen van Rensburg, Associate Introduction Since the implementation of the national lockdown (“Lockdown”) as a result of the Covid-19 pandemic, certain contraventions of the Regulations (“Lockdown laws”) governing the Lockdown have created new criminal offences for which an individual may be criminally charged and convicted. South Africa, more
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Valor IT v Premier North West and Others ZASCA 62

By Dean Scher and Stefan Bezuidenhout  BACKGROUND This is an appeal against the decision of the court a quo, the North West Division of the High Court, Mahikeng, to the Supreme Court of Appeal (“SCA”). The judgement is the unanimous decision of the full bench of the SCA, Judge Plasket being the author of the
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Who should be Opening Body Corporate Electricity and Water Accounts?  The Developer or the Body Corporate – Part 2

By Chantelle Gladwin, Partner and Maike Gohl, Partner Introduction When auditing Body Corporate municipal accounts, Schindlers often discovers that the account is still in the name of the developer. Legally, this is incorrect, and it can cause significant prejudice to all parties concerned. In Part 1 of this article we consider whose responsibility it is
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Discovery Ltd and Others v Liberty Group Ltd (21362/2019) [2020] ZAGPJHC 67; [2020] 2 All SA 819 (GJ)

By Courtney Altmuner and checked by Stefan Bezuidenhout                                                       Background The High Court of South Africa, Gauteng Local Division (“the Court”) was tasked with deciding a matter in which
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