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S v Gudani (88/2015, A533/15) [2016] ZALMPHC 10 (18 March 2016)

SUMMARY The accused was charged with one count of assault with intent to inflict grievous bodily harm, for which an 18-month sentence of imprisonment was imposed. Judgment in this matter was subsequently referred to the Limpopo High Court for review. Upon commencement of the trial in the Dzanani Magistrates’ Court (the “DMC”), the accused elected
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The Argent Industrial case: Prescription of municipal charges for electricity and water

By Chantelle Gladwin-Wood, Partner and Maike Gohl, Partner Introduction Judgment in the matter of Argent Industrial Investments (Pty) Ltd v Ekurhuleni Metropolitan Municipality( 17808/2016) [2017] ZAGPJHC 14; 2017 (3) SA 146 (GJ)was handed down on 13 February 2017 in the Gauteng Local Division of the High Court by Judge S Yacoob.  This matter was handled
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Not getting statements from COJ?

Introduction This article considers the various reasons that a consumer might not be receiving his or her municipal invoice, and includes some tips and recommendations for resolving these problems. #1.  No account After purchasing a property, purchasers expect to receive municipal invoices from their local municipality in respect of rates and taxes and services. In
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The Implications of the Constitutional Court Decision: Jordaan and Others v City of Tshwane Metropolitan Municipality and Others [2017] ZACC 31

Introduction 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
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Mantis Investment Holdings (Pty) Ltd v Eastern Cape Development Corporation and Others

BACKGROUND Mantis Investment Holdings Pty (Ltd) (the “Appellant”) was the sole shareholder of Bushman Sands Development (Pty) Ltd (“Bushman Sands”). Bushman Sands borrowed the sum of R19 357 645.00 (Nineteen Million, Three Hundred and Fifty-Seven Thousand, Six Hundred and Forty-Five Rand) from the Eastern Cape Development Corporation (the “First Respondent”). Before the First Respondent could
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