In Re: Understanding Lockdown Stage 4 Implications Within Sectional Title Schemes and Home owners Associations By Lisa Schmidt, Associate; Lauren Squier, Associate Designate and Ayanda David Katjitae, Associate    Introduction As announced by President Cyril Ramaphosa on Thursday evening (23 April), the country is now in a graded alert level system and phased approach to
By Phathu Ratshitanga and checked by Wesley Pons    Background This is an appeal in which the Supreme Court of Appeal (the “SCA”) upheld the findings of the Gauteng Division of the High Court, Pretoria (the “Trial Court”) where Twala AJ sat as the court of first instance. The issue before the trial court was
By Nicole Rens, Candidate Attorney and Anja Van Wijk, Senior Associate Introduction With level 4 lockdown regulations currently in full force and level 3 lockdown coming up, and with so many laws/regulations being changed sporadically, there are still several unanswered questions regarding the extent of the moratorium in respect of eviction proceedings at present and
By Gary Boruchowitz, Senior Associate and Wade Jacobs, Candidate Attorney Introduction COVID-19 has changed the way that we live, work, and communicate. We have been driven to rely on technological advancements, more so than ever before – particularly through mobile and cloud-based productivity and messaging tools. Educators have had to collaborate to adapt their curriculums
By Lindokuhle Mashilo and checked by Kirsten Chetty Background In this application the Labour Court (“Court”) had to determine whether the dismissal of employees on the basis of operational requirements, prior to the presentation of a business rescue plan (“Plan”) which envisages such retrenchments, was procedurally fair. On or about 5 December 2019, South African
By Megan Brook and checked by Jayna Hira Background Aquarius Platinum (Pty) Ltd (“the Appellant”) contracted Murray & Roberts Cementation (Pty) Ltd (“MRC”) to complete mining operations at the Kroondal Platinum Mine on a farm situated in the North West Province (“the farm”) as well as on the Marikana Platinum Mine. The 1st to 167th
By Chantelle Gladwin-Wood and Maike Gohl 1. Log on to Tshwane’s website:  http://www.tshwane.gov.za. 2. Click on the “Services” tab at the top of the page. 3. Click on the link on the right hand side, in the list that appears, under “Quick Links”, for “Property Valuation”. You can also go straight to this page by
INTRODUCTION When a purchaser takes occupation of a property before registration of transfer, the purchaser has the opportunity to live in the property purchased prior to the date of registration.  One of the possible consequences of this early occupation is that purchasers from time to time experience issues in the property. These issues range from
INTRODUCTION A child is defined in the Children’s Act, No. 38 of 2005, as a person under the age of 18 years. Under South African law, a minor child may not enter into contracts without the express or implied consent of their natural or legal guardian i.e. the minor child’s parents or appointed guardian by
By Lauren Squier, Associate and Phathutshedzo Ratshitanga, CandidateAttorney Introduction The allocation of parking is one of the most contentious and sensitive topics in sectional title schemes and trustees often have to ensure that they apply only lawful methods in allocating parking in order to avoid members challenging the legality of same.  This article explains how