Expropriation # 2: Tenants and Occupiers

By Chantelle Gladwin-Wood, Partner and Anja van Wijk, Senior Associate Introduction There are many controversial questions regarding Expropriation Without Compensation (“EWC”) doing the rounds, some of which are (purposely) being sensationalized by the media (and especially social media) to increase readership. This article is one of a series on expropriation and looks at some of
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What to do with a Tenant’s Leftovers

By Anja van Wijk, Senior Associate and Chantelle Gladwin-Wood, Partner Introduction This article examines the practical solutions available to a landlord in the situation where a tenant vacates a property and leaves personal items behind. In support of Womens’ Day tomorrow, all references to persons will be in the feminine, but must be understood as
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Self-help Evictions

By Maike Gohl, Senior Associate and Anja van Wijk, Senior Associate Introduction This article discusses the possible repercussions of landlords that undertake “self-help” evictions when it comes to removing occupants from their properties. Self-help evictions are attempts at removing anybody from a property without the necessary court order, and are also called unlawful evictions.  
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Bester v Selfmed Medical Scheme (C171/2015) [2018] ZALCCT 25 (31 July 2018)

BACKGROUND Marthie Bester (“the Applicant”) was initially permanently employed as the national marketing director of Selfmed (“the Respondent”). This was later converted to a fixed term contract expiring on 31 December 2014. Upon expiry of her contract, the Applicant alleged that she was owed 218.74 days’ accrued leave. However, the Respondent contended that she was
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Mostert v ERF 261 Nylstroom Beleggings CC t/a Cash Converters Modimolle (NCT/112706/2018/99(2)) [2018] ZANCT 97 (10 October 2018)

SUMMARY On or about 05 August 2017, Dawid Fredrik Mostert (herein referred to as the “Applicant”) entered into a pawn agreement with a registered credit provider, being Erf 261 Nylstroom Beleggins CC trading as Cash Concerters Modimolle (hererin referred to as the “Respondent”). In terms of the aforementioned pawn agreement, the Respondent advanced an amount
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Silatsha v The Minister of Correctional Services (1040/2017) [2018] ZASCA 145 (02 October 2018)

SUMMARY During the period of March 2008 to March 2012 the appellant, Mr Andile Silatsha (“the Appellant”), was an inmate at St Albans Correctional Facility in Port Elizabeth. In October 2012, the Appellant instituted proceedings against the Minister of Correctional Services (“the Minister”) in the Port Elizabeth High Court, wherein damages were sought in respect
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Business Rates for Residential Properties

By Chantelle Gladwin-Wood, Partner and Maike Gohl, Senior Associate   Introduction This article examines the instances in which the City of Johannesburg Metropolitan Municipality (“COJ”) charges residential property owners business rates, the legality thereof, and what a consumer faced with such a problem can do about it.   Legal Basis for Levying Rates The relevant
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N v Sky Services (Pty) Ltd (JS778/15) [2018] ZALCJHB 278 (21 August 2018)

SUMMARY The factual background from which this judgment arises concerns an Automatically Unfair Dismissal dispute. Sky Services (Pty) Limited (“the Employer”) dismissed S N (“the Employee”) following a comprehensive enquiry into the health of the Employee in which he was declared unfit to work as a packer. At the heart of the Employee’s contention was
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Pacific Paramount Properties (Pty) Ltd v Michael Adrian Burchell t/a Top Wash and Another (8418/2018) [2018] ZAWCHC 124 (19 September 2018)

SUMMARY Pacific Paramount Properties (Pty) Ltd (the Applicant) applied for the eviction of the Respondents from commercial premises in Camps Bay. The Western Cape High Court (the Court) considered whether the Applicant lacked the locus standi to sue for the eviction of the Respondents by virtue of a cession contained in a mortgage bond. When
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The Attorneys’ Fidelity Fund v Prevance Capital (Pty) Ltd (917/17) [2018] ZASCA 135

SUMMARY The issue at the centre of this appeal concerned the question as to whether the Board, which owes its existence to s 25 read with s 27 of the Attorneys’ Act 53 of 1979 (the Act), holds liability for the loss of monies deposited by Prevance, into the trust account of Mr Robert Victor
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