Expropriation #4: The Expropriation Bill of 21 December 2018
Monday, 28 January 2019
By Chantelle Gladwin-Wood, Partner and Anja van Wijk, Senior Associate Introduction This article is one in a series on expropriation and looks at some of the fundamental legal issues surrounding expropriation without compensation (“EWC”). This article examines the content and potential legal impact of the newly published Expropriation Bill. What is the Expropriation
- Published in 2019, Constitutional Law, Municipal Law, News, Property Law
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Delinquent Directors and the Shareholder-Director Conundrum
Monday, 07 January 2019
By Caitlin Wilde, Senior Associate, and Paul-Michael Keichel, Partner Introduction The Companies Act[1] contemplates two distinct sets of instances in which a person may be declared delinquent, alternatively placed under probation. The wording of section 162(5) is peremptory, in that a court must make an order declaring a person to be delinquent in particular
- Published in News, 2018, Commercial Law
Centre for Child Law and Others v Media 24 Limited and Others 2018 (2) SACR 696 (SCA)
Tuesday, 11 December 2018
SUMMARY This matter concerned a minor who was abducted from hospital as an infant and subsequently ‘found’ when she was 17 years old. Accordingly, she required her anonymity to be protected beyond the point of her being a minor and into her adulthood, given the fact that the ensuing criminal trial that took place had
- Published in News, 2018, Criminal Law, Family Law
Expropriation # 3: The Land Hunger
Wednesday, 05 December 2018
By Chantelle Gladwin-Wood, Partner and Anja van Wijk, Senior Associate Introduction This article is one in a series on expropriation and looks at some of the fundamental legal issues surrounding expropriation without compensation (“EWC”). This article asks what the ‘land hunger’ is that EWC is supposed to address as a part of the broader program
- Published in News, 2018, Constitutional Law, Property Law
The National Minimum Wage Act
Tuesday, 04 December 2018
The National Minimum Wage Act The South African President, Cyril Ramaphosa, has signed into law the National Minimum Wage Act (“the Act”) on 23 November 2018, which will come into effect on a date still to be determined by the President. The Act will see the minimum hourly rate for workers set at R20.00 (“NMW”),
- Published in News, 2018, Labour Law
How to Log a Query, Dispute or Complaint with COJ
Monday, 03 December 2018
Introduction This is part 2 of an “idiots guide” to logging queries, disputes and complaints with the City of Johannesburg Metropolitan Municipality (“COJ”). In part 1 we discussed what kind of complaint, dispute or query ‘counts’ for the purposes of allowing a customer to delay payment or avoid credit control action. In this part we
- Published in News, 2018, Municipal Law
Ex Parte Fuls and Three Similar Matters 2016 (6) SA 128 (GP)
Tuesday, 27 November 2018
SUMMARY Each of the four Applicants, respectively, had entered into various credit agreements in terms of the National Credit Act (“NCA”). Subsequent thereto, the Applicants were unable to make payment of their respective liabilities and the Applicants’ only realisable assets consisted of moveable assets with minimal value. As such, they applied for the voluntary surrender
- Published in News, 2018, Commercial Law
Can a Consumer “Contract Out” of a Right to Receive a Pre-Termination Notice?
Tuesday, 27 November 2018
By Chantelle Gladwin-Wood, Partner and Maike Gohl, Senior Associate Introduction Our offices have taken note of an alarming increase in the number of SMS’s sent to clients by the City of Johannesburg Metropolitan Municipality (“COJ”) advising that that their services would be disconnected without notice, due to an alleged breach of the payment terms of
- Published in News, 2018, Municipal Law
De Sousa v Technology Corporate Management (Pty) Ltd and Others; De Sousa v De Sousa and Another (40036/16; 35926/16) [2018] ZAGPJHC 445 (23 February 2018)
Tuesday, 27 November 2018
BACKGROUND Luis Vaz De Sousa (“Luis”) and Sharon Vaz De Sousa (“Sharon”) were married in community of property. Luis was the registered shareholder of 30% of the shares in Technology Corporate Management (Pty) Ltd (“TCM”). In 2015, Luis and Sharon divorced and an order of divorce was granted but the court had not divided the
- Published in News, 2018, Family Law
S v Mostert and Another 2010 (2) SA 586 (SCA)
Tuesday, 27 November 2018
SUMMARY Mr Mostert and his son (the “Appellants”), who were sugar cane farmers, charged with several offences in terms of the common law, as also contravention of the National Water Act 38 of 1998 (the “NWA”). The charges stemmed from their abstraction of water from the Lomati River. After it came to the attention of
- Published in News, 2018, Commercial Law
