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Case Note: Khanye and Another v S [2017] ZACC 29

Summary The matter concerns an application for leave to appeal by Samuel Khanye (the “First Applicant”) and Victor Moyo (the “Second Applicant”) against a judgment handed down in the North West High Court, Mafikeng (“High Court”). The High Court held that the Applicants and the 5 (five) co-accused (the “Co-accused”) were guilty, based on the doctrine
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An owner’s property rights where the property is more than 60 years old

This article discusses the court’s finding in the case of Gees v Provincial Minister of Cultural Affairs and Sport, Western Cape and Others (974/2015) [2016] ZASCA 136; 2017 (1) SA 1 (SCA) (29 September 2016), in which it was held that the onerous conditions imposed by a heritage authority for the re-development of the property
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Antenuptial Contracts – Yes or No?

When it comes to Antenuptial Contracts (“ANC’s”) in South Africa, I am of the firm view that this document may be the most important document that you will sign in your life, besides your last Will and Testament. In my practice, the most frequently asked question is  “What is an ANC and what are the
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How do I Claim Maintenance?

In South Africa is it required that both parents of a child/ren are obligated to maintain them according to their needs. Parents must attend to all the child/ren’s reasonable needs, which include, but are not limited to: housing, education, clothing, medical care etc. What will determine the child/ren’s reasonable needs will be the standard of
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Judge, Jury and Executioner? Municipalities submitting rezoning applications to themselves!

This article considers the legal question of whether a municipality can submit an application for the rezoning of land that it owns to itself, consider that application in the first instance itself, and thereafter consider an appeal in respect of that application itself. These are essentially the facts of the case currently before the Johannesburg
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