The Kensington Residents and Ratespayers Association case: Neighbour Disputes, Illegal Buildings and Illegal Use

Introduction Judgment in the matter of Kensington Residents and Ratespayers Association NPC v Unoda John NO and others  was handed down on 21 May 2019 in the Gauteng Local Division of the High Court by Judge Carelse.  This matter was handled by Chantelle Gladwin-Wood (Partner) and Maike Gohl (Senior Associate) at Schindlers on a pro-bono
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Fines/Penalties issued by Municipalities

Introduction This article examines the kinds of fines and penalties that a municipality can lawfully charge a consumer, and in which circumstances it can lawfully do so. What are Fines and Penalties? A fine is a “sum of money paid as punishment for breaking the law”.It is trite law now that a fine is a
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POPI IN RELATION TO COMMUNITY SCHEMES

Introduction The purpose of the Protection of Personal Information Act No 4 of 2013 (“POPI”) is, among other things, to promote the protection of personal information of data subjects (defined as a person to whom personal information relates), processed by private and public bodies and to establish certain conditions and minimum requirements for the processing
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Sampson v Truvelo Manufacturers (Pty) Ltd (J 1483/17) [2019] ZALCJHB 81 (18 April 2019).

SUMMARY The factual context from which this judgment arises concerns the substantive fairness of a retrenchment dispute. In this action, Mark Anthony Sampson (“the Employee”) challenged the substantive fairness of his dismissal, asserting that it was not effected in accordance with section 189 of the LRA.     Truvelo Manufacturers (Pty) Ltd (the “Employer”) commenced
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Trustees for the Time Being of the Oregon Trust v BEADICA 231 CC and Others (74/2018) [2019] ZASCA 23 (28 March 2019)

BACKGROUND As part of a black empowerment initiative by the National Empowerment Fund (“NEF”), various franchise agreements were concluded between Sales Hire CC (“Sales Hire”) and four close corporations, the members of which were former employees of Sales Hire (“Lessees”). In addition, a cooperation agreement was entered into between Sales Hire and the NEF in
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Nel v Ramwell t/a Ramwell Attorneys (18171/2018) [2019] ZAGPJHC 28 (1 March 2019)

BACKGROUND AND SUMMARY The High Court of South Africa, Gauteng Local Division (the “Court”) handed down judgment dismissing an application with costs made by the Applicant as material disputes of fact arose between the parties, and which could not be resolved on the papers alone.     The Respondent is an attorney and conveyancer and
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Sol Plaatje Municipality v South African Local Government Bargaining Council & Others (PR192/16) [2019] ZALCJHB 126 (31 May 2019)

SUMMARY The Sol Plaatje Municipality (“the Applicant”) brought an application for leave to appeal against a judgment wherein the Court dismissed its review application. The Applicant brought said application on the grounds that it believed that the Court a quo (initially the Labour Court) erred in a number of instances, in its findings relating to
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Jojo v Element Six Production (Pty) Ltd (JS138/19) [2019] ZALCJHB 101 (15 May 2019)

SUMMARY The Applicant was employed as a production superintendent by the Respondent. The Applicant was retrenched, and brought an application to the Labour Court for condonation for the late filing of her statement of case.   On analysis of the prevailing jurisprudence, the Court had the discretion to condone late filling and non-compliance with court
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Gautam v Mrs India South Africa CC and Others (12369/2018) [2019] ZAKZDHC 7 (21 May 2019)

SUMMARY In or about August 2018, the Applicant won a beauty pageant and thereafter began promoting the brand and complying with her duties as was required of her. The Applicant was to receive prizes up to the value of R500,000.00 (Five Hundred Thousand Rand) which included a Volkswagen Jetta 7.   After having only received
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Vedanta Resources Plc and Another v Lungowe and Others [2019] UKSC 20

BACKGROUND AND SUMMARY This is an appeal in the UK Supreme Court (“SC”). The litigation in this matter arises from alleged toxic emissions from the Nchanga Copper Mine (“the Mine”) in the Chingola District of Zambia. The claims are based in delict, namely on the alleged breach of a common law duty of care and
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