By Chantelle Gladwin-Wood, Partner and Maike Gohl, Partner Introduction This article examines the legal rights of property owners and occupiers in dealing with so-called “illegal buildings” (which are buildings that are built contrary to the approved plans on file at the municipality, or buildings that are built in contravention of any zoning, town planning, title

By Chantelle Gladwin-Wood, Partner and Maike Gohl, Partner  INTRODUCTION A disturbing trend is emerging in the property industry in terms of which hundreds of property transfers are being seriously delayed, not because of any of the parties to the sale, but rather because the municipalities are failing to provide rates clearance figures within a reasonable

Written by Marc Barros Gevers, Candidate Attorney and Dingumuzi Ndhlovu, Associate Introduction As the old adage goes, nothing is certain in life but death and taxes. However, unlike the former, there are certain entities which are exempt from normal tax. These tax-exempt entities are provided for in Section 10 of the Income Tax Act 58

Written by Ayanda Katjitae, Associate and Frank Sebatana, Candidate Attorney BACKGROUND   Many companies, domestically and Internationally, are suffering the aftermath of COVID-19 Lockdown measures. Companies have experienced losses and, accordingly, are reducing costs by either downsizing and/or outsourcing their workforce. This article, deals with the transfer of employee contracts to a new employer as contemplated

Written by Stef de Gouveia and checked by Mohau Ledwaba Background:  In this matter, the Labour Appel Court (the “Court”) had to determine whether the judgment and order of the Labour Court previously, which dismissed a review application brough by Mr Edward Lemley (the “Appellant”), was correct.  The main issue relates to the third respondent,

Case summary written by Snazo Tuswa and checked by Jeannique Booysen Background In January 2006, the National Health Laboratory Service (“the Plaintiff”) employed Mariana Magdalena Lloyd-Jansen Van Vuuren (“the Defendant”) as a junior registrar. At this time, the parties concluded a written agreement (“the initial agreement”) setting out the terms and conditions of the Defendant’s

Case summary written byWade O’Connor and checked byAndrew Lawrie BACKGROUND This appeal arose from a referral for unfair dismissal, by an aggrieved employee (“Adams”), to arbitration under the auspices of the National Bargaining Council for the Freight and Logistics Industry (the “Council”).  The prescribed dispute referral form was signed by an attorney on behalf of

Case summary written by Megan Brook and checked by Danmari Duguid BACKGROUND FACTS On 15 July 2020, members of the South African Police Service (the “SAPS”) arrested an employee of Meimei Dong (the “Applicant”) for allegedly contravening Regulation 44(1) of the Disaster Management Act 57 of 2002 (“the Act”). The said employee allegedly unlawfully sold

By Chantelle Gladwin-Wood (Partner), Lisa Schmidt (Associate) and Lindokuhle Mashilo (Candidate Attorney) Introduction Disputes in community living schemes arise often, more so now given the current financial difficulties posed by the COVID-19 global pandemic. Where such a clause exists, a determination would have to be made as to whether the parties should or could approach

By Chantelle Gladwin-Wood, Partner and Dingumuzi Ndhlovu, Associate Introduction  Common boundary walls or party walls have become a topic of importance in modern day suburbia.  With the burgeoning population and proliferation of privately owned urban property ownership in South Africa today, the number of “wall disputes” is blossoming concomitantly. This article will explain what a