Case Note: Picardi Hotels Ltd v Thekwini Properties (Pty) Ltd (2008) (07/680) ZASCA 128

Summary The Appellant (Picardi Hotels Ltd) in this matter appealed against the judgment handed down with leave of the Durban High Court (the Court a quo). The Respondent (Thekwini Properties (Pty) Ltd) instituted action against the Appellant in the court a quo, claiming the payment of arrear rentals in terms of a lease agreement. In
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Case Note: Mamahule Communal Property Association and Others v Minister of Rural Development and Land Reform (CCT179/16) [2017] ZACC 12 (5 May 2017)

Summary The Constitutional Court (the “Court”) handed down judgment in an application for leave to appeal regarding the question of whether or not the Land Claims Court is empowered to adjudicate matters under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (“PIE”). In or about May 1996, the Mamahule Community together
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Case Note: Lyons V Skyways Body Corporate 2016 (6) SA 405 (WCC)

Summary A sectional title scheme consisted of six four-storey buildings that each contained an elevator. Five of the six elevators were out of order for two years. The Applicant in this matter was an elderly owner of a sectional title unit of one of the aforesaid affected buildings. The Respondent was a body corporate of
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Muncipalities and Internal Remedies

This article discusses what type of “internal remedies” might apply in relation to a consumer’s dispute with the municipality about municipal debt, and how and when these internal remedies need to be exercised before approaching a court for assistance in resolving the dispute.   What are Internal Remedies? In most municipal jurisdictions, the municipality has
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Is it Illegal for a Municipality to Disconnect Water?

The South African Constitution guarantees a right of access to water (but not a right to water itself). What this means is that the South African Government (through its municipalities) is obliged to provide access of water to everyone in South Africa, where it has the financial and infrastructural capacity to do so. The Constitutional
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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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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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