Tapala and Another v Tlebetla and Others (8940016) [2019] ZAGPPHC 46 (22 February 2019)

SUMMARY In or about 2006, the deceased, namely Nkhwile Alpheus Moropo acquired a property (“the Property”) in terms of the Housing Act No. 107 of 1997 (“Housing Act”). Prior to his death the deceased sold the property to the First Applicant (Initial Sale) and separately to First Respondent (Second Sale). The Initial sale was not
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Purlish Holdings v The Commissioner for the South African Revenue Service (76/18) [2019] ZASCA 04 (26 February 2019).

SUMMARY The Supreme Court of Appeal (the “SCA”) recently set aside a decision of the Tax Court of South Africa, held in Gauteng (the “Tax Court”), in terms of which the Tax Court increased understatement penalties levied by the South African Revenue Services (“SARS”). Purlish Holdings (Pty) Ltd (the “Appellant”), having paid provisional tax to
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Forsyth v Botha; Forsyth v Liebenberg and Others (17357/15; 17359/15) [2019] ZAWCHC 19 (27 February 2019)

BACKGROUND AND SUMMARY Mr. Alister James Forsyth (the “Applicant”) made an application to the High Court of South Africa, Western Cape Division, Cape Town (the “Court”), for the consolidation of two actions instituted by the Applicant against different defendants in terms of Rule 11 of the Uniform Rules of Court. The Applicant, who is the
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Monde v Viljoens NO & others (1162/17) [2018] ZASCA 138 (28 September 2018)

SUMMARY In Snyders & others v De Jager & others 2017 (3) SA 545 (CC), the Constitutional Court held that an eviction order granted under the provisions of the Extension of Security of Tenure Act 62 of 1997 (“ESTA”), and confirmed on automatic review, should be appealed to the Supreme Court of Appeal (“SCA”). Accordingly,
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Kerry Edward Archer v The Public School – Pinelands & The School Governing Body of Pinelands High School & The Western Cape Education Department (C362/17) [2018] ZALCCT 10; [2018] 8 BLLR 785 (LC); 39 ILJ 1998 (LC) (20 April 2018)

SUMMARY Kerry Archer (the “Applicant”) was dismissed from his position as Business Manager of Pinelands High School (the “First Respondent”). The Applicant initially approached the CCMA on the basis that he had been unfairly and unlawfully dismissed from his employment. The Parties before the CCMA were the Applicant, the First Respondent and the Governing Body
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BKB Limited v Bezuidenhout (3115/2017) [2019] ZAECGHC 18 (5 March 2019)

SUMMARY BKB Limited (“the Plaintiff”) entered into a verbal agreement with Pieter Bezuidenhout (“the Defendant”), wherein the Plaintiff would deliver fertilizer to the Defendant at the Defendant’s special instance, from time to time. Upon delivery of the fertilizer, it was an express, alternatively implied, alternatively tacit term that the Defendant would be invoiced, and that
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Truworths Ltd v Primark Holdings (989/2017)2018.

SUMMARY In casu, the appellant is Truworths Ltd (“Truworths”) a well-known fashion retailer in South Africa and the respondent is Primark Holdings, a discount fast-fashion clothing retailer (“Primark”) Truworths intended to register the mark “PRIMARK” in class 25 of the Trade Marks Register, which includes inter alia, clothing, boots, shoes and slippers. Primark, the proprietor
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Comments on COJ’s 2019 Rates and Credit Control Policy Review

By Musa Mathebula, Associate, and Chantelle Gladwin-Wood, Partner Introduction The comments that follow are made by the Municipal Law Department of Schindlers Attorneys in response to the COJ’s invitation for public comment on their rates and credit control policies during February 2019. Prerogative of Valuer to decide Rates Category Section 48, read with section 34,
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Bitou Municipality’s Supplementary 2 Roll (to the 2017 General Valuation Roll)

By Chantelle Gladwin-Wood, Partner Introduction Property valuation rolls are quite complicated.  Below is a brief explanation of how valuations and valuation rolls work. Bitou’s 2017 General Valuation Roll The Bitou Municipality (“Bitou”) 2017 General Valuation Roll (“2017 GV”) was released for public inspection and comment from 21 February 2017 to 24 March 2017.  This is
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Bushbuckridge Municipality’s 2019 General Valuation Roll

Introduction Property valuation rolls are quite complicated.  Below is a brief explanation of how valuations and valuation rolls work. Bushbuckridge’s 2019 General Valuation Roll The Bushbuckridge Municipality’s (“the Municipality”) 2019 General Valuation Roll (“2019 GV”) is open for inspection.  It is open from 15 February 2019 to 19 April 2019.  It is available for inspection
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