Case summary written by Tayla Bruce and checked by Jayna Hira. 05 October 2020 Background The Applicant (“Imbumba”) is an association consisting of twenty-five-member non-profit organisations, whose function is to provide specialised community-based care in accordance with section 11 of the Older Persons Act 13 of 2006 (“the Members”). Each of the Members entered into

By Stefano de Gouveia, Candidate Attorney In an application for leave to appeal heard by the Honourable Judge Vally on Monday 28 September 2020, the Johannesburg Roads Agency’s (the “JRA”) application was dismissed with costs and Vumacam Proprietary Limited’s (“Vumacam”) application in terms of section 18 of the Superior Courts Act 10 of 2013 (the

By Chantelle Gladwin-Wood, Partner and Maike Gohl, Partner Introduction This article explains your rights as a property owner when a neighbour violates a building line or encroaches on your land. Determining Building Lines Every property has several imaginary lines that run along the inside of the property parallel to the borders, a few metres away

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