A Guideline to Deceased Estates

By Frank Sebatana, Candidate Attorney and Checked by Jayna Hira, Associate        1. Introduction  With proper knowledge and a structured application any deceased estate can, be settled with the least amount of difficulty. Herein is a brief guideline explaining what is a deceased estate; How it must be reported and how to winding
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Monyepao v Ledwaba and Others (Case no 1368/18) [2020] ZASCA 54

By Celeste Frank and checked by Jordan Dias            BACKGROUND This appeal concerns the assets of the estate of the late Mr Phago (“the Deceased”) who died intestate on 22 December 2012. Ms Matsatsi Monyepao (“the Appellant”), and Ms Mokgaetji Ledwaba (“First Respondent”) both claim to have been married to the Deceased,
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Café Chameleon v Guardrisk Insurance Company (5736/2020) ZAWCHC

By Elani Vogel and checked by Wesley Pons           Background In this matter, Café Chameleon, a Cape Town based restaurant (“the Applicant”), approached the Western Cape High Court on an urgent basis for a declaratory order that its insurance company, Guardrisk Insurance Company  (“the Respondent”), is obliged to indemnify it as a
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Ten Four Consulting (Pty) Ltd and Another v Du Plessis and Another (7937/2017) [2020] ZAGPPHC 135

By Snazo Tuswa and checked by Jordan Dias       Background The matter is premised on the provisions of section 33 (1) of the Arbitration Act 42 of 1965 (“the Act”), which provides for the setting aside of an arbitration award by a competent court, where- any member of an arbitration tribunal has misconducted
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Magoveni Pharmaceutical Pty Limited v Pick ‘n Pay Retailers Pty Limited and Another (2019/19666) [2020] ZAGPJHC 138

By Sean Buskin and checked by Khotso Mmatli   Background This case concerns an application by Magoveni Pharmaceutical (Pty) Ltd (the “applicant”) to review and set-aside an arbitration award, granted by the arbitrator in favour of Pick ‘n Pay Retailers (Pty) Ltd (the “first respondent”). The arbitrator is cited in the review proceedings as the
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Motsa v Minister of Justice and Correctional Services and Others (2016/19992) [2020] ZAGPJHC 114

By Jarrod Van Der Heever and checked by Danmari Duguid Background An extradition agreement exists between South Africa and the Kingdom of eSwatini (“the Kingdom”). In accordance with the agreement, authorities of the Kingdom requested that Senzo Motsa (“the Applicant”), be surrendered to them in order to face several charges, including a charge of murder.
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The impact of the Financial Intelligence Centre Act No. 38 of 2001 (as amended); the Property Practitioners Act 22 of 2019, and the Rental Housing Amendment Act 35 of 2014 on Lease Agreements and Rental Agents.

By Lisa Schmidt (Associate) and Ayanda David Katjitae (Associate)    Introduction  In this article we will discuss how the provisions of the Financial Intelligence Centre Act No. 38 of 2001 as amended (“FICA”), Property Practitioners Act 22 of 2019 (“PPA”) and the Rental Housing Amendment Act 35 of 2014 (“Rental Housing Act”) apply to: lease/sale
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Competition Commission of South Africa v Pickfords Removals SA (Pty) Limited [2020] ZACC 14

By  Tayla Bruce and checked by Jayna Hira    Background On 3 November 2010, the Competition Commissioner, acting on behalf of the Competition Commission (“the Applicant”), initiated a complaint against several firms in the furniture removal industry (“2010 Complaint”). The 2010 Complaint alleged that these firms had been engaged in multiple instances of “cover quoting”
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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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