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C v Greeff (16969/2011) [2018] ZAWCHC 73 (12 June 2018)

SUMMARY The plaintiff in this matter is seeking to recover damages from the defendant, a general medical practitioner. The plaintiff alleges that the defendant was negligent in that the defendant failed to properly diagnose the plaintiff’s stroke. In the second claim, the plaintiff seeks to recover damages for the failure of the defendant to properly
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A Landlord’s guide to Vetting Tenants

Introduction The (mis)information found on the internet nowadays can make any non-paying tenant an “expert” in property law, with the unfortunate result that some invoke “squatter rights” within minutes of being threatened with legal action for the non- payment of rental. This has resulted in a situation where many tenants stay in occupation of the
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Executor of the Estate of the Late Josephine Terblanche Gouws (Charmaine Celliers N.O.) v Magnificent Mile Trading 30 (Pty) Ltd and Others (594/17) [2018] ZASCA 91 (1 June 2018)

SUMMARY This appeal concerned an application brought by the late Mr Nicolaas Gouws (Mr Gouws) for the conversion of his unused old order mineral right to a new order prospecting right for coal in respect of his property, Portion 9 of the farm Driefontein 338 in the district of Middelburg, Mpumalanga. Magnificent Mile Trading 30
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The Forgotten Requirement of the Mandament van Spolie and its practical application to Landlords and Tenants

Introduction There is a very good reason why they say that “possession is 9/10ths of the law” as the concepts of possession and ownership are entirely distinct and are treated very differently in our law.  Just because you are the owner of a thing, this does not mean that you are entitled to possession of
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The implications of the Constitutional Court decision: Jordaan and Others v City of Tshwane Metropolitan Municipality and Others

The Constitutional Court held last week that historical municipal debt (meaning municipal debt attaching to a property which is older than two years at the date of application for a rates clearance certificate) does not “survive” transfer, meaning that the purchaser or other successor in title cannot be held liable for debt by the municipality
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