Expropriation Without Compensation?

This article explains what expropriation is in terms of South African Law, with reference to the current political environment and a focus on the present dispensation’s renewed vigour to speed up and enhance land redistribution and amend the Constitution to permit expropriation without compensation.   What is Land Reform? Broadly speaking, land reform is the
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Public purpose and public interest in the context of expropriation of property

By Chantelle Gladwin-Wood (Partner) and Jan – Harm Swanepoel (Candidate Attorney)   Introduction This article examines what is meant by the phrases “public purpose” and “public interest” in the context of the expropriation of property in terms of section 25(2) of the Constitution of the Republic of South Africa, 1996 (“the Constitution”). Public purpose/public interest
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The debate over Expropriation without Compensation

By Chantelle Gladwin-Wood, Partner and Tenielle Combrinck, Associate   Introduction This article explains what expropriation is in terms of South African Law, with reference to the current political environment and a focus on the present dispensation’s renewed vigor to speed up and enhance land redistribution and amend the Constitution to permit expropriation without compensation.  
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The Selling of Agricultural Land, its Subdivision and Ministerial Consent

By Giles Freebody (Associate) and Ntobeko Maphanga (Candidate Attorney)   Introduction This article examines the recent case of Van Wyk and Others v Topaz Sky Trading 146 (Pty) Ltd and Others 2017 ZAGPPHC, a matter heard in the High Court of South Africa, Gauteng Local Division.   Background The First and Second Applicants had been
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Protection of Personal Information (PoPI) Act & The Obligations It Creates

By Christopher Tucker, Partner and Charlotte Clarke, Candidate Attorney, 26 January 2017 Introduction This article examines the rules and requirements of the Protection of Personal Information Act 4 of 2013 (PoPI) and the obligations it places on anyone collecting or holding personal information on behalf of a natural or juristic. The nature of many businesses
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Business Rescue: No Protection from Eviction in the Companies Act

By Maike Gohl, Associate and Charlotte Clarke, Candidate Attorney   Introduction This article examines the case of Kythera Court v Le Rendez-Vous Cafe CC and Another 2016 (6) SA 63 (GJ), which deals with the eviction of a close corporation undergoing business rescue proceedings in terms of s 129 of the Companies Act, 71 of
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NERSA’s Reseller’s Guidelines

This article considers the legal implications for various parties of NERSA’s recently published Reseller’s Tariff, with specific reference to the impact on property owners and managers within the jurisdiction of the City of Johannesburg Metropolitan Municipality (“COJ”). The authors only consider certain aspects of the Reseller’s Guidelines; a full exposition of same is beyond the
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Three Strikes Rule – Is It Out?

This article considers whether the “Three Strikes Rule” that is often utilised by landlords to create an instant cancellation mechanism in the event of a tenant repetitively breaching a lease, is still valid in terms of the amendments made to our Common Law of Landlord and Tenants by the Consumer Protection Act 68 of 2008
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Illegal Buildings

This article examines the legal rights of property owners and occupiers when dealing with illegal buildings (which are buildings that are built contrary to the approved plans on file at the municipality, or buildings that are built in contravention of any zoning, town planning, or title deed condition or restrictive covenant). The Law This issue
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The VAT Implications for the Supply of Services to Foreigners within South Africa

This article discusses the issue of whether services that are rendered to foreigners within South Africa are zero rated for VAT in terms of the Value Added Tax Act 89 of 1991 (the “VAT Act”). XO Africa Safaris CC (“XO Africa”) was a registered VAT vendor who assembled tour packages to foreign tour operators who
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