Issues to Consider when Buying into a Sectional Title Scheme

Introduction This article will look at issues that any buyer in a Sectional Title Scheme should consider before purchasing. Once you have signed your sale contract, you might find yourself unhappy with the decision to purchase on the terms contained therein if you were not aware of these issues. In discussing this topic, we will
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The Removal of “Illegal” Electricity Meters/Connections

Introduction This article deals with the law relating to the removal of “illegal” electricity meters and connections.  By parity of reasoning it can be applied equally to “illegal” water meters and connections. Facts of Eskom Holdings SOC Ltd v Sidoyi and Others   In this case Mr Sidoyi had applied for a pre-paid electricity meter
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Marais and 56 Others v Shiva Uranium (Pty) Ltd (In Business Rescue) and Others (J3049/18) [2018] ZALCJHB 346; (2019) 40 ILJ 177 (LC); [2019] 5 BLLR 472 (LC) (5 October 2018)

SUMMARY Marais and 56 Others (“Applicants”) were the employees of Shiva Uranium (Pty) Ltd (“First Respondent”) and brought an urgent application in the Labour Court seeking leave to institute legal proceedings against the First Respondent, the employer, which was placed in business rescue on 19 February 2018, in terms of section 113 (1)(b) of the
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Patmar Explorations (Pty) Ltd v Limpopo Development Tribunal (1250/2016) [2018] ZACC 19 (16 March 2018)

SUMMARY The Development Facilitation Act (DFA) created development tribunals in South African provinces and empowered them to adjudicate on land developments. However, those provisions were ruled to be unconstitutional by this Court and the Constitutional Court confirmed that order.   The Constitutional Court suspended its order of invalidity for two years to enable the legislature
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Kekana v Road Accident Fund (206/17) [2018] ZASCA 75 (31 May 2018)

SUMMARY In August 1996, the Appellant (an employee of the the South African Police Service), was involved in a motor vehicle accident and suffered bodily injuries, whereafter a claim for damages was made against the Respondent, The Road Accident Fund (the ”Fund”).   After several settlement offers being made by the Fund during the course
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Stephanus de Lange NO v The Minister of Water Environmental Affairs (81/2018) [2019] ZASCA 59 (17 April 2019).

SUMMARY This matter dealt with the question of prescription insofar as it relates to the Appellant’s claim for damages against the Minister of Water and Environmental Affairs (the “Respondent”) for the loss suffered as a result of the Respondent’s alleged unlawful failure to maintain an irrigation canal. The failure, on the part of the Respondent,
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New Nation Movement NPC and Others v President of the Republic of South Africa and Others [2019] ZACC 27

BACKGROUND AND SUMMARY This matter concerns an urgent application for direct leave to appeal to the Constitutional Court against the judgment of the High Court of South Africa, Western Cape Division, Cape Town (the “High Court”) delivered on 17 April 2019. On 17 September 2018, the Applicants approached the High Court on an urgent basis
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Lebeya v Matlala and Others (JR2330/16) [2019] ZALCJHB 155 (14 June 2019)

SUMMARY The factual background from which this decision arises concerns a dismissal on the grounds of misconduct.  Lonmin Platinum Mine (“the Employer”) dismissed Doctor Lebeya (“the Employee”) following a disciplinary enquiry in which he was found guilty of dishonest.   At the heart of the misconduct was two fraudulent travel claims submitted by the Employee.  
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South African Local Authorities Pension Fund v Mthembu & Another (20649/2015) [2015] ZASCA 205 (3 December 2015)

SUMMARY On 3 May 1997, the First Respondent became entitled to claim a child pension benefit from the Appellant on behalf of her daughter (“Mbali”), upon the death of her husband, who was a member of the Appellant.   The Appellant’s Pension Fund Rules (“the Rules”) contained a clause which prohibited the granting of a
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National Union of Metalworkers of South Africa obo Khanyile Nganezi and Others v Dunlop Mixing and Technical Services (Pty) Limited and Others [2019] ZACC 25

BACKGROUND In August 2012, members of the National Union of Metalworkers of South Africa (“NUMSA”) engaged in a protected strike. During the strike, several acts of violence, intimidation and damage to property were alleged to have occurred. Despite not positively and individually identifying the perpetrators, Dunlop (the employer), dismissed the workers who had been involved
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