Supplementary 4 2018 General Valuation Roll Fixed Fee Services

Dear Clients Schindlers offers the following fixed fee services.  Please note that the prices quoted are ex vat. Please note further that, any other legal assistance that you might need outside of the scope of these services, will be charged for at our ordinary hourly rate as per our standard fee agreement for 2018 (a
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Evidence Supporting Municipal Valuation Objectives

Introduction The authors have been flooded with queries from concerned citizens asking “what kind of valuation report must I attach to my valuation objection?”.  This note attempts to address this issue within the context of the law relating to municipal valuations in South Africa. What should the municipal valuation be? It should be ‘market value’
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The Impact of Mitchell and Mathabathe on S 118

By Chantelle Gladwin, Partner and David Hepburn, Partner Introduction The press has been abuzz with articles and opinions lauding the judgment in the Perregrine Joseph Mitchell v City of Tshwane Metropolitan Municipal Authority Case No: 50816/14, North Gauteng High Court, Pretoria (8 September 2014) (“the Mitchell case”) and its effect on the law relating to
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2018 General Valuation Roll

Introduction The City of Johannesburg (“COJ”) 2018 General Valuation Roll (“2018 GV”) will be released for public inspection and comment on 20 February 2018.  It will remain open for inspection and objection until 3 pm on 6 April 2018.  It is the responsibility of every property owner to check the municipal property valuation and categorisation
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When Should a Court Interfere in a Contractual Relationship? Weighing the Principles of Pacta Sunt Servanda and Public Policy

The principle of pacta sunt servanda translates literally as “agreements must be kept” and forms the basis of the common law of contracts. When two parties willingly and knowingly enter into a contract, the terms of that contract should be upheld by both parties. In the case of Mohamed’s Leisure Holdings (Pty) Ltd v Southern
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Penalty Fees/Charges and Sectional Title Bodies Corporate

In this article we look at the legality of different kinds of penalties and legal fees imposed by sectional title bodies corporate against defaulting owners in terms of the Sectional Titles Schemes Management Act 8 of 2011 (“STSMA”) and the Regulations thereto, the Conventional Penalties Act 15 of 1962, the National Credit Act 34 of
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Transfer of Business: Section 197 of the Labour Relations Act and the Obligations It Creates

Introduction This article examines the effect of section 197 of the Labour Relations Act No. 66 of 1995 as amended (the Act) on employees and employers’ rights and obligations during the transfer of a business as a “going concern”. This article will also discuss the treatment of various types of employees during a section 197
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Sexual Harassment in the Workplace: The Employer’s Obligation to Take Positive Steps in Protecting Its Employees

By Pierre van der Merwe, Partner and Charlotte Clarke, Candidate Attorney, 8 November 2017   Introduction The issue of sexual harassment is in the spotlight recently with everyone from Hollywood director Harvey Weinstein to our own South African politicians coming under fire for their conduct. The #MeToo movement has further encouraged victims of sexual harassment
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How Many Queries Do I Have To Log??

City of Johannesburg Metropolitan Municipality (“COJ”) has recently stuck up posters in its walk-in centres advertising its “RSSC Query Escalation Process”. The RSSC Query Escalation Process In terms of the COJ’s latest RSSC Query Escalation Process (which is an internal policy that has been communicated to the public) an aggrieved customer must do the following
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An owner’s property rights where the property is more than 60 years old

This article discusses the court’s finding in the case of Gees v Provincial Minister of Cultural Affairs and Sport, Western Cape and Others (974/2015) [2016] ZASCA 136; 2017 (1) SA 1 (SCA) (29 September 2016), in which it was held that the onerous conditions imposed by a heritage authority for the re-development of the property
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