Unlocked Properties 4 (Pty) Ltd v A Commercial Properties CC (18549/2015) [2016] ZAGPJHC 373 (29 July 2016)

SUMMARY The Applicant in this matter was Unlocked Properties 4 (Pty) Ltd and A Commercial Properties CC, the Respondent, who were parties to a contract for the sale of immovable property, the Applicant being (the “Purchaser”) and the Respondent being (the “Seller”). As the contract was one of sale of immovable property, there was a
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Lotz v Mehleketo Resourcing (Pty) Ltd and Another (C 424/18) [2019] ZALCCT (9April 2019)

SUMMARY The Applicant (the “Employee”) was employed as a Project Manager by the Second Respondent (the “Employer”). The Employee brought an application to the Labour Court on the basis of unfair retrenchment on both procedural and substantive grounds. Within 6 (Six) months of commencing employment, the Employer noticed that the Employee lacked a critical and
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Nedbank Limited v Goosen Marketing CC and Another (EL1044/2018) [2019] ZAECELLC 12 (2 April 2019)

SUMMARY This case concerns an application for the setting aside of a default judgement granted against the Applicant (the second Defendant in the main Application) in terms of Rule 31(2)(b).   Summons was issued against the Applicant (Surety) and his Co-Defendant (Principal Debtor) for payment of a sum of R962, 992.64 plus interest and costs
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Do month to month leases constitute fixed term leases? A brief look at the differences between the two and the law that applies to it.

Introduction This article looks at the differences between month to month leases and fixed term leases and the cancellation period required to cancel the agreements. We will explore the provisions of the Rental Housing Act 50 of 1999 (hereafter “RHA”) , the Consumer Protection Act 86 of 2008 (hereafter “CPA”), Common Law and the High
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Lehman Brothers Special Financing Inc. v National Power Corporation and another [2018] EWHC 487 (Comm)(12 March 2018)

SUMMARY The claimant in this matter was Lehman Brothers Special Financing Inc. (the “Claimant”) and the defendant was National Power Corporation (the “First Defendant”). The First Defendant’s claim was subsequently transferred to the First Defendant’s successor, Power Sector Assets And Liabilities Management Corp (the “Second Defendant”). The First and Second Defendant were wholly owned and
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Mthembu and Others v NCT Durban Wood Chips [2019] 4 BALR 369 (CCMA)

BACKGROUND AND SUMMARY The Commission for Conciliation, Mediation and Arbitration (the “CCMA”) recently handed down judgment in terms of a section 191(5)(a)(i) of the Labour Relations Act 66 of 1995 (the “Act”). The question of law before the Arbitrator of the Court was whether or not the dismissal of the Applicants was substantively fair.  
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MN and others v Director General: Department of Home Affairs & another [2018] JOL 40100 (ECG)

SUMMARY The First Applicant (“MLN”), South African Citizen and member of South African National Defence Force, and the Second Applicant (“DMN”), a citizen of the Democratic Republic of Congo (“DRC”) (collectively referred to as “the Parties”), met whilst DMN was posted in the DRC as a peacekeeper. The Parties married in DRC, their marriage, however,
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LEGAL ISSUES RELATED TO SOLAR PANELS/GEYSERS IN SECTIONAL TITLE SCHEMES

Introduction An article released by The Citizen on the 3rd of April 2019 shows the enormity of the magnitude of the problem we face in South Africa at present.  According to The Citizen, Eskom is struggling with debt of R420 billion, with very little end in sight, and while government has attempted to alleviate some
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Diener NO v Minister of Justice and Correctional Services and Others 2019 (2) BCLR 214 (CC).

SUMMARY The Constitutional Court (“CC”) handed down its judgment in an application for leave to appeal against a judgment of the Supreme Court of Appeal (“SCA”), regarding the question as to whether a business rescue practitioner enjoys a “super preference” over all creditors, whether secured or not, during liquidation proceedings, in terms of the Companies
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Ngomane and Others v City of Johannesburg Metropolitan Municipality and Another (6778/2017) [2017] ZAGPJHC 122; [2017] 3 All SA 276 (GJ) (30 March 2017)

SUMMARY The applicants are a group of homeless people who made a home for themselves on a traffic island under R31 highway bridge on End Street, between Durban and Meikle Streets, in the business district of the City of Johannesburg Metropolitan Municipality (“JMPD”).   According to the applicants, they lived under the bridge for a
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