“TACKLING “URBAN DELINQUENCY”

Introduction  Urban delinquency is a term coined by our offices to describe the growing trend by occupants and owners of ignoring or openly violating municipal by-laws, health and safety laws, environmental laws, building laws and zoning laws in densely populated urban areas. This article explains how some of the more typical violations of these important
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Fischer v Ubomi Ushishi Trading CC and Others 2019 (2) SA 117 (SCA).

BACKGROUND AND SUMMARY This matter considered whether a real right to a half-share in immovable property vests in a spouse, immediately after the dissolution of a marriage. More specifically, the court was tasked with determining whether the real right to the half-share in the immovable property vested in terms of a court order, incorporating a
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Eskom Holdings SOC Limited v Masinda (1225/2018) [2019] ZASCA 98 (18 June 2019)

SUMMARY The Appellant, Eskom Holdings SOC Limited (hereinafter “Eskom”) sought an order from the Supreme Court of Appeal, determining whether the Respondent, Ms Masinda (hereinafter “Masinda”) was entitled to a spoliation order due to the disconnection of the electricity supply to Masinda’s immovable property in the Eastern Cape. Court a quoAs a result of the
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Spilhaus Property Holdings (Pty) Limited and Others v MTN and Another (CCT82/18) [2019] ZACC 16 (24 April 2019)

SUMMARY Spilhaus Property Holdings (Pty) Ltd and 18 Others (the “Applicants”) are the lawful owners of units in a sectional title scheme, situated in Cape Town (the “Sectional Title Scheme”). Mobile Networks (Pty) Ltd (the “First Respondent”) and Alphen Farm Estate in Constantia (Pty) Ltd (the “Second Respondent”), are the Respondents in the above matter.
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The CSOS Dispute Resolution Process in a Nutshell

Introduction Are you a living in a Sectional Title Scheme, Home Owners Association, Share Block or any other type of Community Living set up? Then you will understand the many advantages of living in a scheme of this nature. These so called ‘Community Schemes’ are believed to offer security benefits and are becoming the newest
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Is my Sale of Land Agreement Valid? Common Mistakes that Mess Up Deals

By Chantelle Gladwin-Wood, Partner and Divina Naidoo, Candidate Attorney Introduction This article explores some of the more common mistakes that often crop up in practice, when sale agreements are drafted using precedents that are not properly altered by qualified professionals.  Every deal is unique and proper advice should be sought on every deal, lest a
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Tapala and Another v Tlebetla and Others (8940016) [2019] ZAGPPHC 46 (22 February 2019)

SUMMARY In or about 2006, the deceased, namely Nkhwile Alpheus Moropo acquired a property (“the Property”) in terms of the Housing Act No. 107 of 1997 (“Housing Act”). Prior to his death the deceased sold the property to the First Applicant (Initial Sale) and separately to First Respondent (Second Sale). The Initial sale was not
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Monde v Viljoens NO & others (1162/17) [2018] ZASCA 138 (28 September 2018)

SUMMARY In Snyders & others v De Jager & others 2017 (3) SA 545 (CC), the Constitutional Court held that an eviction order granted under the provisions of the Extension of Security of Tenure Act 62 of 1997 (“ESTA”), and confirmed on automatic review, should be appealed to the Supreme Court of Appeal (“SCA”). Accordingly,
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Comments on COJ’s 2019 Rates and Credit Control Policy Review

By Musa Mathebula, Associate, and Chantelle Gladwin-Wood, Partner Introduction The comments that follow are made by the Municipal Law Department of Schindlers Attorneys in response to the COJ’s invitation for public comment on their rates and credit control policies during February 2019. Prerogative of Valuer to decide Rates Category Section 48, read with section 34,
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Bitou Municipality’s Supplementary 2 Roll (to the 2017 General Valuation Roll)

By Chantelle Gladwin-Wood, Partner Introduction Property valuation rolls are quite complicated.  Below is a brief explanation of how valuations and valuation rolls work. Bitou’s 2017 General Valuation Roll The Bitou Municipality (“Bitou”) 2017 General Valuation Roll (“2017 GV”) was released for public inspection and comment from 21 February 2017 to 24 March 2017.  This is
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