Case summary written by Phumzile Rabula 6 April 2021 Background and Summary Ms Petropulos (the appellant) and Mr Dias (the respondent) owned adjoining properties in Camps Bay, Cape Town. The properties were located on a steeply sloped mountainside. In March 2008, Ms Petropulos commenced excavations on her property, near the boundary of Mr Dias’ property,

Case Summary written by S’negugu Dlamini and checked by Lindokuhle Mashilo 6 April 2021 Background facts Mrs Shalate Nelly Ntshane (“First Respondent”) and Wilson Mkhatshane Ntshane (“the Deceased”) were married in community of property on the 13th of May 1980. They lived together with their children in the residential property situated at Erf Diepkloof, Soweto

Case summary written by Snazo Tuswa and checked by Jordan Dias 1 April 2021 Background The Applicant concluded a contract of employment with the Second Respondent (the employer) to render services as a Vendor Administrator to the First Respondent for a limited period of 24 (Twenty-Four) months from 1 January 2017 to 31 December 2018.

Case summary written by Precious Mmako and checked by Jordan Dias Background facts This is an appeal to the High Court against an order (issued on 25 February 2020) evicting Mr Daniel Elyan Shevel (“the Appellant”) from a flat with effect from 31 March 2020. On 1 February 2013, the Appellant took occupation of the flat in

By Chantelle Gladwin- Wood, Partner, Maike Gohl, Junior Partner 18 March 2021 Introduction In recent months there has been a lot of hype in the media with regard to various residents or associations taking action against municipalities that are failing to provide services at all, or properly. As such, we felt that it was necessary

Written by Megan Brook, Candidate Attorney and checked by Jayna Hira, Associate Introduction Drafting a valid Will is vital in ensuring that one’s assets are distributed according to their wishes upon their death. In this regard, there are many legal formalities under South African law that one must consider when drafting their Will. These may

Case summary written by Dean Scher and checked by Sean Buskin 30 March 2021 Background This is a review application brought in terms of Section 304A of the Criminal Procedure Act, 51 of 1977 (the “CPA”). The two accused persons, Malibongwe Papiyana and Luvo Mbana, were convicted by the Regional Court Magistrate of Lady Frere

Case summary written by Blake Liam Hamilton and checked by Khotso Mmatli. 25 February 2021 Background The matter concerns an application for leave to appeal brought by the first Respondent (“Umalusi”) against an interlocutory ruling of the High Court of South Africa, Gauteng Division, Pretoria (the “Court”) refusing Umalusi permission to file a further affidavit.

Case summary written by Jarrod Van Der Heever and checked by Courtney Altmuner.                                           26 March 2021 Background The case at hand came before the High Court of South Africa Eastern Cape Division, Bhisho (“the Court”) involves an application for summary judgment by Mariswe (Pty) Ltd (“the Plaintiff”) against The MEC for Roads and Public Works

Drainage of water THE COMMON LAW RULE AND WHY THIS CASE IS IMPORTANT The general rule in our law is that lower-lying properties are obliged to accept water from higher-lying properties. This may seem very simple but as this case explains there is more to this issue. The facts In this matter, the two parties