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NPGS Protection and Security Services CC and Another v FirstRand Bank Ltd (314/2018) [2019] ZASCA 94 (6 June 2019)

BACKGROUND AND SUMMARY The Supreme Court of Appeal (“the SCA”) recently dismissed an appeal brought by NPGS Protection and Security Services CC (“the First Appellant”) and Mr. Llwellyn Rwaxa (“the Second Appellant”), herein after collectively referred to as “the Appellants” against a judgment of the High Court of South Africa, Gauteng Local Division, Johannesburg (“the
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Kameel v Master of the High Court Bloemfontein and Another (A230/2018) [2019] ZAFSHC 129 (1 August 2019)

SUMMARY This appeal, against the decision of a single Judge, to the full bench of the High Court, dealt with authenticity of various documents executed by SS Monyane (“the deceased”), and whether they were intended to be her last will and testament. BACKGROUNDThe appellant, the deceased’s daughter, was appointed as the Master’s representative in terms
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B-BBEE – A BROAD OVERVIEW

Introduction This article aims to provide a basic overview on the workings of Broad-Based Black Economic Empowerment (hereinafter “B-BBEE”), having particular regard to the Codes of Good Practice on Broad-Based Black Economic Empowerment published in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act No. 53 of 2003 (hereinafter “the Act”), as amended
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Fines and Penalties in Community Schemes

Introduction This article deals with the legal issue of what fines and penalties are in relation to community schemes (such as a sectional title schemes, share blocks and homeowner’s associations, also known as private estates (“Estates”)). We look at the relevant laws governing the topic and explain the implications thereof. What are Fines and Penalties?
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Does the Mandament Van Spolie Protect Commercial Tenants?

It was emphatically confirmed by the Supreme Court of Appeal in Eskom Holdings SOC Ltd v Masinda that the mandament van spolie (“the mandament”) does not have a “catch-all” function and that it cannot operate as a remedy to restore possession of electricity/water supply to a property in a contractual dispute where the right to
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