Sectional Title Properties – does zoning or use determine the rating classification?

By Chantelle Gladwin, Partner and Ramon Pereira, Associate Introduction The law provides in the Local Government:  Municipal Property Rates Act 6 of 2004 that a municipality must determine its own rating policy, and that it may have reference to either zoning or use when classifying a property for rating purposes.  There are times when the
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When does a person need to register with the NHBRC?

Introduction This article looks at when it is necessary in terms of the National Housing Consumers Protection Measures Act 95 of 1998 (“the Act”) for a person or entity to register with the National Home Builders’ Registration Council (NHBRC) as a “home builder”.   Home builder In terms of section 10 of the Act, any
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Theft as a ground for dismissal and the consequences that follow

By Charlotte Clarke and Musa Mathebula, Candidate Attorneys and Pierre van der Merwe, Partner   Introduction This article examines the appropriateness of the sanction of dismissal of an employee for theft in the workplace, the effect of dismissal of an employee for theft, and the consequences that this may carry for the employee and the
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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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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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